Home - Archived (January 2017 - December 2017)
On behalf of the Board of Directors and Staff of the Academy, we are pleased to bring you a special Holiday poem by one of our very favorite Trustees . . .
T’WAS AN UGLY SWEATER
By Marie Ann Greenber
There once was a sweater;
It wasn’t that nice.
Nobody would wear it;
Not even the mice.
The sweaters were knit by hand with great care.
They’re ugly still.
Wear them; I dare!
The children were puzzled and scratching their heads.
Dad’s wearing that? They yelled with great dread.
And moms going to let him?
and I’m yelling NO!
Theirs brains must have left them.
Their heads filled with snow.
Then all of a sudden there was a loud sound.
We jumped from our seats and looked all around.
It came from the chimney.
We were ready to flee.
Then down came a girl;
And her name was Aly.
Her sweater was hideous.
Her plan insidious.
She seemed quite rogue –
Perhaps a subscription to Vogue?
She swapped every present and filled every stocking with sweaters so ugly –
A sight oh so shocking.
Put them on and let’s see. She said with great glee.
The ugly sweater is all the rage.
Even Beyoncé wears one on stage.
Who’s is the best? Who wins this contest?
They all shouted ME.
Mine is ugly! You see.
So year after year we all gather here.
To show off our sweater and see who’s is better.
Merry Christmas and Happy New Year!
In Case You Missed It . . .
An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America??
From The . . . Well . . . I’m Not Sure Where This is Coming From but Possible Freeze Could Affect Trustee Compensation
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Sanctions and Irony and Fraud, Oh My!
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An excellent article exploring answers to can and should an undocumented person file for bankruptcy protection in America.
By Julia Wisenberg, Contributing Author
The Academy is pleased to have a new third year law student contributing author. Look for more great articles from Ms. Wisenberg.
By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)
“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . .In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”
NEW THIS WEEK . . . An Unexpected Development
In response to Trustee Greenberg’s article above, we received the following comment:
The Central District of California has recently done away with the Electronic signing declaration entirely.
See LBR 9011‐1. SIGNATURES
(a) Holographic Signatures. Except as provided below, every signature on a filed document must be handwritten in ink (holographic). If the document is filed electronically then the filer must scan the signature page and insert it into the electronic (.pdf) version of the document filed with the court. Nothing in this local rule precludes the filing of a signature page that has been transmitted to the filer by facsimile or .pdf, provided that the filer promptly obtains the document bearing the signer’s original holographic signature and complies with LBR 9011‐1(d) below. Under no circumstances may a reproduction of the same holographic signature be used on multiple pages or in multiple documents. Each page that bears the signature of a person must actually have been signed by the person whose signature appears on such page.
Anybody else have an alternative signature local rule??? Click here to let us hear from you.
Prime Interest Rate Increases
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From the ABA
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For Your Blog
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
December 1, 2017 Rules Changes
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
 In this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice. Click here for Part 1 – Claims: New Bar Dates and Other Requirements Click here for Part 2 – Objections to Claims Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f) Click here for Part 5 – New National and Local Plans: Common Elements and Related Issues Click here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis. Click here for Unresolved Issues
IN THE NEWS (Not password protected)
OF INTERESTS (Not password protected)
IN THE “OH MY” CATEGORY (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
FOR YOUR HEALTH EXTRA (Not password protected)
By Marie-Ann Greenberg, Esq., Chapter 13 Standing Trustee, District of New Jersey (Newark Vicinage)
“This trustee has found a growing number of attorneys who file petitions and other documents without first having an original signature. They are using the simple /s/ procedure not as a signature, but as a sword. . . . In the Eastern District of Virginia an attorney was declared a forger by the bankruptcy court for filing a bankruptcy without an actual signed petition.”
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By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)
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By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
 Professor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary. New this week . . .
From the Justice Department
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From Our Friends at Credit Slips and Other Info Regarding the CFPB
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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OF INTEREST (Not password protected)
MILITARY MATTERS (Not password protected)
MORTGAGE MATTERS (Not password protected)
FOR THE ACADEMIC SET (Not password protected)
December 1, 2017 Rules Changes – Part VI
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
In this series of articles, Beverly Burden and Larry Ahern have explained the changes to the Rules of Bankruptcy Procedure and the means by which the amendments bring more uniformity to chapter 13 practice. This final article discusses two issues that will continue to be governed by local practice, rules, and judicial rulings. Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
Click here for Part 5 – New National and Local Plans: Common Elements and Related Issues
Click here for Summary which highlights the changes to each rule and provides a cross-reference to the articles, which give a more in-depth analysis.
From the Bankruptcy Courts
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By Professor Rafael I. Pardo, Robert T. Thompson Professor of Law, Emory Law (Atlanta, GA)
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By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Lauren A. Helbling (Cleveland, OH)
Professor Rafael Pardo has written an extensive and fascinating article to be published in an upcoming Vanderbilt Law Review. He has given us a sneak peek. AND Attorney Phil Lamos gives us a brief summary of the study and a present-day commentary.
Bitcoins in the News
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New Plans
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Please check the attached list and send us a link to your plan if it is missing.Attached is the list of Plans. (Note that many of the form links will not open in Firefox but do open in Explorer.)
From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.
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United States Bankruptcy Court Montgomery, AL
Term: 2 Years
Clerkship Type: Term Law Clerk-Chambers
Application Deadline: Dec 31, 2017
Term Start Date: Aug 22, 2018
From the United States Trustee
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Student Loan Chronicles
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
BY THE NUMBERS (Not password protected)
New Plans
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Please check the attached list and send us a link to your plan if it is missing. Attached is the most recently updated list of Plans*. (Note that many of the form links will not open in Firefox but do open in Explorer.)
From our research (so far) ELEVEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; District of Vermont, Western District of Virginia; and the District of Wyoming.
Newly added to above list: District of Vermont
*The District of Kansas Plan has been updated.
Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
December 1, 2017 Rules Changes Part V
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
The Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes. In this fifth part of the series, the authors discuss chapter 13 plan requirements and the elements common to all chapter 13 plans. Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
Click here for Part 4 – No Math Required? Avoiding Liens Under § 522(f)
New Plans
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Thank you to those who responded with a link to your District’s Chapter 13 Plan. Attached is the most recently updated list of Plans. Note that many of the form links will not open in Firefox but do open in Explorer. From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming. ***Note that the Southern District of Indiana has been omitted from last week’s list and the Western District of Virginia has been added.***
Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.
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Beloved Albuquerque Trustee Retiring Soon
By the Numbers
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(Good news for consumer bankruptcy industry.)
Cars
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Bitcoins in the News . . . Again
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
No Trustee Percentage Fee Says One Court
A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.
IN THE NEWS (Not password protected)
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
A Chapter 13 trustee is not permitted to retain the trustee’s percentage fee on payments made in cases where a Chapter 13 plan is not confirmed; the trustee is under a statutory obligation to return all funds, including the trustee’s percentage fee, to the debtor.
December 1, 2017 Rules Changes Part IV
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) and Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)
We regret that parts of Part IV did not post properly last week. It has been reposted as a PDF. We regret any inconvenience.The Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, Larry Ahern and Beverly Burden will explain these changes. In part four of the series, the authors describe a nifty tool in the “national plan” that can be used as a part of any local plan or motion to calculate the amount of lien avoidance available under section 522(f). Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Click here for Part 2 – Objections to Claims
Click here for Part 3 – Security, Priority & Avoidance: New Rules for “Treatment” of Claims
New Plans
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Thank you to those who responded with a link to your District’s Chapter 13 Plan. Attached is the beginning of The Academy’s efforts to comprise an exhaustive list of Plans.
From our research (so far) TEN Districts will be utilizing the National Form Plan: Northern District of Illinois; Northern District of Indiana; Northern and Southern Districts of Iowa; Western District of Kentucky; Western District of New York; Northern District of Ohio; District of Utah; Western District of Virginia; and the District of Wyoming.
Please check the attached list and send us a link to your plan if it is missing. Thank you for your assistance.
By the Numbers
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(Great news for those of us in the consumer bankruptcy business!)Slight increase in total bankruptcy filings reflects changes from September this year and October 2016.
From the Supreme Court
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Oral arguments heard 11/6 in Merit Management Group, LP v. FTI Consulting, Inc.
Issue: Whether the safe harbor of Section 546(e) of the Bankruptcy Code prohibits avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the U.S. Courts of Appeals for the 2nd, 3rd, 6th, 8th, and 10th Circuits, but contrary to the decisions from the U.S. Courts of Appeals for the 7th and 11th Circuits.
Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
MILITARY MATTERS (Not password protected)
OF INTEREST (Not password protected)
Shout Out to the Wonderful Folks
at the Credit Education Coalition Seminar
in Columbus, Ohio
GREAT educational meeting.
The Academy connected with many old
friends and made many new ones.
Thank you for inviting us.
By Kathryn Sanchez Kasper, Staff Attorney for Chapter 13 Trustee M. Elaina Massey (Brunswick, GA)
“. . . This new standard may open the window for additional assets in bankruptcy cases to benefit creditors which might otherwise be lost to the estate.”
From SCOTUS
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The ‘Women of Atlanta’ group continues to grow as Davey is appointed Chapter 13 Standing Trustee, replacing relocating Adam Goodman.
Rent
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From the Bankruptcy Courts
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTERESTS (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
Where a mortgage servicer fails to provide a detailed accounting when it disputes a trustee’s notice of final cure payment and fails to provide a timely response to the notice, the failure of the mortgage servicer’s counsel to comply with the deadlines set by the court justifies an award of attorney’s fees and an order precluding the introduction of any contrary information in the bankruptcy case or any subsequent case; the mortgage servicer was precluded from introducing any evidence that the mortgage obligation was not current and would be bound by a judicial conclusion that the mortgage was current.
By Brett Weiss, Esq., Brett Weiss, Chung & Press, LLC (Greenbelt, MD)
“The number of Americans age 60 and older with student loan debt quadrupled between 2005 and 2015 to nearly 3 million. And the average amount they owe has nearly doubled from 12-thousand dollars to almost 24-thousand.”
By Beverly M. Burden, Chapter 13 Standing Trustee for the Eastern District of Kentucky
Back in July, The Academy first posted Trustee Burden’s Quick Reference Guide which is a summary of certain changes to the Federal Rules of Bankruptcy Procedure effective December 1st. She has now UPDATED this ‘must have’ tool.
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“Helbling was appointed subsequent to the retirement of Craig Shopneck who served the Cleveland district for fifteen years.”
From Our Friends at Credit Slips
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New Plans
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From the Bankruptcy Courts
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For Your Blog
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“If a case has previously been a Chapter 7, and there is cause to ask it to be removed from the Chapter 13 world and go back to Chapter 7, we file a Motion to Reconvert. Recently, the Clerk informed us of a new procedure . . .”
As of November 1st, the Western District of Texas will be conduit.
We have also corrected an error reflected in the Eastern District of Tennessee. The entire state of Tennessee is conduit.
From the CFPB
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By the Numbers
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From the Bankruptcy Courts
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For Your Blog
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
December 1, 2017 Rules Changes – Part 2
By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III,Brown & Ahern (Nashville, TN)
 The Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes. In this second part of the series, the authors describe the new rules related to objections to claims and related issues. Click here for Part 1 – Claims: New Bar Dates and Other Requirements
Another New Critical Case Comment . . . Potentially a Precedent Setting Case
By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Above-median income debtors are required to contribute to their Chapter 13 plans the amount of any voluntary 401(k) loan repayment after that loan has been satisfied; voluntary contributions to a 401(k) account would be limited to 3% of the debtor’s income.
Payday Loans
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Southern District of Ohio New Plan
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From the CFPB
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By the Numbers
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From the Bankruptcy Courts
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For Your Blog
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Disaster Related From the IRS
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.”
IN THE NEWS (Not password protected)
Fees for Defending Fees – Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“As long as Chapter 13 debtors are properly allocating tax refunds, earned income credit payments and irregular expenses properly, they cannot be compelled to turn over their tax refunds to confirm their Chapter 13 plan.”
By Neil Enmark, Staff Attorney to Chapter 13 Trustee David P. Cusick (Sacramento, CA)
“Part 3 of the national form plan has five sections dealing with secured claims, but does not address whether all secured claims must be provided for by the plan.” Do we see objections on the horizon??
From Capitol Hill
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From the CFPB
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(Bureau Also Seeks Comment on Separate Proposed Rule Modifying Timing Requirements for Bankruptcy Periodic Statements)
From the UST
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Location: Eastern District of California (primarily Redding)
Application Due Date: November 3, 2017
From the Bankruptcy Courts
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For Your Blog
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Phone calls continue to be one of the most common ways thieves try to get taxpayers to provide personal information . . . Sometimes the scammer tells the taxpayer they owe money and must pay right away OR they might say the person has a refund waiting, and then they ask for bank account information over the phone.
Disaster Related From the IRS
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Another great resource . . . Trustees Deb Miller and Debbie Langehennig present this 42-minute training designed for the entire office, both professionals and support staff. This webinar teaches the importance of having office procedures in place for all types of breach in security such as intruders, workplace violence and receipt of suspicious packages.
Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”
IN THE NEWS (Not password protected)
MORTGAGE MATTERS (Not password protected)
Two For One
In a Two for One special, Attorney Moran brings Academy readers two articles addressing mortgage servicing issues and the power of Rule 3002.1.
The judge looked closely at the creditor’s accounting records and found the usual fright . . . then holding secured creditor in contempt of stay and confirmation order for its loan servicing blunders.
A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage; thus we have FRBP 3002.1 said Judge Hannah Blumenstiel.
By Professor Nancy Rapoport
Ms. Ps & Qs brings readers a doozy! In its attorney/client contract, the firm actually used the adjective “bare-bones.”Have an ethics question? Feel free to submit it by clicking here.
By The Honorable William Houston Brown (Retired)
“ . . . the court found that the fixing of a signature to a proof of claim by a person who had no role in the preparation of that proof of claim was inconsistent with the bankruptcy rules and the instructions on the proof of claim; however, . . .”
Big News From Equifax . . . That Has Nothing To Do With The Data Hack
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For Your Blog
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Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
From Our Friends at Credit Slips
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New Plan
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT…
By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
IN THE TECH DEPARTMENT (Not password protected)
December 1, 2017 Rules Changes – Part I
By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
As you know, the Rules of Bankruptcy Procedure are being amended this year in ways that will significantly affect chapter 13 trustees and practitioners. In this series, scheduled to run before the December 1 effective date, Beverly Burden and Larry Ahern will explain these changes individually. Part 1 of the series describes the new rules related to claims bar dates and related issues.
By Academy Staff
“What happens when a Chapter 13 Debtor does not disclose property of the estate, the Trustee later discovers the property and seeks to administer the property for the benefit of creditors, and the Debtor voluntarily dismisses the case to prevent the Trustee from doing so?”
Loss of Purchase-Money Protection in 1325 Cramdowns – Follow-Up
By Christina T. Parrish, Boleman Law Firm, P.C. (Richmond, VA) and Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I
Click here for Part II
Click here for Part IIIThe Academy received a follow-up question regarding this series and we are pleased to post the Q & A:Q: What is your opinion on a subsequent loan that is cross-collateralized with a 910 loan?
A: While ‘opinion’ is a strong word, here’s the response: “The drafters of Article 9 in 2001 left the question open for courts to follow existing law, or not. See Part 1 of the series. So, if there has not been a decisive ruling in the jurisdiction since 2001, you should be free to argue either way.”
Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit Changes have been made to South Carolina and the Western District of Texas.
Disaster Related
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Hurricane Irma victims in the entire state of Georgia now have until Jan. 31, 2018, to file certain individual and business tax returns and make certain tax payments.
From Our Friends at Credit Slips
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From the CFPB
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Chapter 12 In The News
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT . . . The Academy has an excellent resource . . .
Webinar: Reviewing an Escrow Analysis the Second Year of Bankruptcy
Chapter 13 Trustee Debra Miller and expert Michael McCormick bring a practical outline on how to review those pesky escrow statements and what to specifically look for in the second year of bankruptcy.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
“Prompted by recent bankruptcy court decisions, the purpose of this multi-part article is to review the rules under § 1325 and the UCC and help practitioners understand this arcane area.”In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.
In Part II, he discusses two recent cases that favored the debtor (one in a surprising way).
Click here for a NEWLY UPDATED list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit Changes have been made to South Carolina and the Western District of Texas.
Disaster Related
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Harvey’s Hit to Mortgages Could Be Four Times Worse Than Predicted—and Then There’s Irma
- As many as 300,000 borrowers could become delinquent on their loans after Hurricane Harvey, Black Knight Financial Services says.
- That is four times the original prediction because new disaster zones were designated and more homes flooded.
- The sheer volume of homes hit by Hurricane Irma will likely cause an increase in mortgage delinquencies as well, though the storms are difficult to compare.
EQUIFAX FOLLOW-UP
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From the UST
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Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
From the Bankruptcy Courts
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Median Household Income
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HOA’s In The News
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For Your Blog
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN CASE YOU MISSED IT . . .
By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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Florida, Georgia, Alabama, Texas, Louisiana, and Puerto Rico: Our thoughts and prayers are with you. Our hearts go out to all those touched by this series of hurricanes – both directly or indirectly. |
Disaster Related
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- IRS Urges Taxpayers to Prepare for Hurricanes, Floods and Other Disasters
For September’s National Preparedness Month, the IRS offers advice to taxpayers who may be affected by storms, fires, floods or other disasters reminding them that the agency is here to help, including offering a special toll-free number (866-562-5227) to taxpayers in federally-declared disaster areas that’s staffed with IRS specialists trained to handle disaster-related issues.
In Part I, Larry Ahern reviewed the underlying rules governing PMSIs in consumer transactions.In this Part II, he will discuss two recent cases that favored the debtor (one in a surprising way).
Next week, in Part III, Christina Parrish will set up a complex fact situation and provide a roadmap for the debtor to show that a PMSI no longer exists, when a subsequent transaction operates to extinguish the PMSI, thereby allowing a “cram-down.”
EQUIFAX
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From the UST
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Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
From the Bankruptcy Courts
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Well Known Appellate Judge Suddenly Retires
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Student Loan Chronicles
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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For Your Blog
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IN CASE YOU MISSED IT . . .
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
BY THE NUMBERS (Not password protected)
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
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Corpus Christi, Houston, Orange, Rockport, San Antonio, Beaumont, Spring, Refugio, Clodine, Aransas Pass, Dickinson, Rosenberg, Pearland, Fulton, Katy, Alvin, Friendswood, League City, Pasadena, Seabrook, Lumberton, Webster, Port Arthur, and all the towns and cities in between, our thoughts and prayers are with you. Our hearts go out to all those touched by Harvey – directly or indirectly. |
Harvey Related
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An interesting side story . . .
From the UST
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Standing Trustee for the Southern District of New York – Manhattan, White Plains and PoughkeepsieApplication Deadline: September 22, 2017
Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
In the “Greatest Hits” Category
By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
Sanctions and Irony and Fraud, Oh My!
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For Your Blog
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IN CASE YOU MISSED IT . . .
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
JUST FOR FUN (Not password protected)
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
Prompted by recent bankruptcy court decisions, this article reviews the rules under § 1325 and help practitioners understand this arcane area. This week, in Part I, Larry Ahern reviews the underlying rules governing PMSIs in consumer transactions.
By Morgan D. King, Esq., Dublin, CA
¶ 3.1(b) The Telephone
In Abrams v. MiraMed Revenue Grp., LLC (S.D. Ind., 2013) the debtor claimed the debt collector contacted her notwithstanding the collector knew or should have known that the debtor was represented by counsel and violated 15 U.S.C. § 1692c(a)(2).
Click here for a list of Trusteeships which primarily (or not) pay mortgage payments through the trustee’s office – i.e. Conduit
PLANS ANYONE?
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Sanctions and Irony and Fraud, Oh My!
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Student Loan Chronicles
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For Your Blog
(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
In Case You Missed It . . .
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
FOR YOUR SAFETY (Not password protected)
BY THE NUMBERS (Not password protected)
JUST FOR FUN (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
While a court is precluded from extending the time in which a creditor may file a proof of claim, a court is permitted to extend the time for a debtor or a trustee to file a proof of claim for the creditor.
From the Courts
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Preliminary Draft of Proposed Amendments to the Federal Rules of Appellate, Bankruptcy (page 29-53), and Criminal Procedure, the Federal Rules of Evidence, the Rules Governing Section 2254 Cases in the United States District Courts, and the Rules Governing Section 2255 Proceedings for the United States District Courts
From SCOTUS
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Sanctions and Irony and Fraud, Oh My!
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There’s Always a Car
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From the IRS
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For Your Blog
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In Case You Missed It . . .
By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
FOR YOUR HEALTH (Not password protected)
By William J. Purdy, III, Simmons & Purdy (Soquel, CA) (Used with permission, originally published by BankruptcySoapbox.com 2017)Spoiler Alert: Borrowers are an expendable resource in home loan servicing only to be exploited for fees and charges.
By Henry E. Hildebrand III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy courts have the discretion to permit debtors to cure deficiencies in their Chapter 13 plans even if in doing so, the Chapter 13 plan exceeds 60 months from the date of first payment.
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Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
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Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
From Our Friends at Credit Slips
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Millennials Find Gold . . . Well Sort Of
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From the IRS
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For Your Blog
(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
In Case You Missed It . . .
By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”
This case may also be of interest to creditors.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
BY THE NUMBERS (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“This case involved a Chapter 11 plan. However, debtors can use this case involving Chapter 13 plans when using the cram down provision under §506(a) and argue the secured value of collateral should be based on the proposed use in the plan.”
This case may also be of interest to creditors.
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
“What if the debtor wants to avoid a transfer and does not believe his or her concerns are being adequately addressed by the trustee? Can the debtor pursue an avoidance action?”
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Clerk of Court Roanoke, VA
Application Deadline: August 18, 2017
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Standing Trustee for the District of New Mexico – Albuquerque
Application Deadline: August 18, 2017
Take a Look at This
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Ever heard of the McKinney–Vento Homeless Assistance Act?
“. . . the McKinney-Vento Act also ensures homeless children transportation to and from school free of charge, allowing children to attend their school of origin (last school enrolled or the school they attended when they first became homeless) regardless of what district the family resides in.”
It appears that this provision could apply to families who have recently been forced to move due to foreclosure.
“Subtitle B: Education for Homeless Children and Youth – States that it is the policy of the Congress that State educational agencies shall assure that homeless children have access to free public education, by revising residency requirements as appropriate.”
On the CFPB
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Bureau Concerned About Companies Misleading Consumers About Pay-By-Phone Fees, Keeping Them in the Dark About Much Cheaper Options
From the IRS
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During the summer, some taxpayers may travel because of their involvement with a qualified charity. These traveling taxpayers may be able to lower their taxes.
New Plans Anyone?
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Sanctions and Irony and Fraud, Oh My!
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Not a typical bankruptcy headline . . .
Remember this guy . . .
Student Loan Chronicles
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In Case You Missed It . . .
By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
SADLY AMUSING (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee
“Section 522(f) is effective immediately to treat as unsecured a judgment lien held by a creditor, but the full effect of that lien release is not available until the Chapter 13 case completes.”
By Beverly M. Burden Chapter 13 Trustee for the Eastern District of Kentucky
Check this out . . . Trustee Burden shares a jewel of a resource. This Quick Reference Guide is a summary of certain changes to the Federal Rules of Bankruptcy Procedure to be effective December 1, 2017.
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(Not a Chapter 13 but still an interesting story)
By the Numbers
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Plans Anyone?
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From the IRS
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A possible item for debtor’s attorneys blog or social media
Conduit Trusteeships – NEW REVISIONS as of 7/20/17
Click here here for the recently updated list of Trusteeships which are (and are not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit The Northern District of Texas is now conduit.
Sanctions and Irony and Fraud, Oh My!
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A popular link worth repeating . . .
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“Many of them now owe more on their medallion loans than they originally paid for the medallions because they used their equity in the medallion for a home, a child’s education or other expenses.”
Are you seeing this in your region? Tell us about it.
Student Loan Chronicles
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In Case You Missed It . . .
By Lawrence R. Ahern III, Brown & Ahern (Nashville, Tennessee)
A recent case reminds us that courts continue to wrestle with the “correct” name in which filings should be made to perfect liens on personal property.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
Shout Out to All NACTT Attendees and Speakers
A very special thank you to our esteemed guests Professors Yochum, Dowling, and
Porter. A great educational opportunity but additionally a lot of fun!!! Example left – Mike Meyers, Lon Jenkins, Rick Yarnall & our very own Naliko.
Make plans NOW to attend NACTT 2018 in Miami, Florida – note the early date: JUNE 27-30.
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Information gleaned from questions included on a debtor’s counsel’s questionnaire for a potential client can be protected by the attorney-client privilege and not subject to discovery by an opposing party.
From the IRS
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Members of the military may qualify for tax breaks and benefits. Special rules could lower the tax they owe or give them more time to file and pay taxes. In addition, some types of military pay are tax-free.
Conduit Trusteeships
Click here for the recently updated list of Trusteeships which are (and are not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit
Sanctions and Irony and Fraud, Oh My!
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In Case You Missed It . . .
By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
. . . Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. . .
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Beverly M. Burden, Chapter 13 Trustee for the Eastern District of Kentucky
As many of us will be attending the NACTT annual seminar next week in Seattle, a timely article.
Taking notes during seminar presentations is not as easy as jotting something in the margin or highlighting a case on a paper handout, unless you learn the tools available to annotate PDF handouts.
By Maggie Reidy, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
. . . Court considered whether the debtors were eligible for a Chapter 13 discharge despite their failure to remain current on their postpetition mortgage payments. . .
Conduit Trusteeships
Click here for the recently updated list of Trusteeships which are (and are not) primarily pay mortgage payments through the trustee’s office – i.e. Conduit
The Wisdom of Finance
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Marijuana and Bankruptcy
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Student Loan Chronicles
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For Your Blog
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Sanctions and Irony and Fraud, Oh My!
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In Case You Missed It . . .
What’s left for debtors and trustees to say to a repo man under the FDCPA?
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
What’s left for debtors and trustees to say to a repo man under the FDCPA?
By Ed Boltz, The Law Offices of John T. Orcutt (Durham, NC)
“After fears of discharge through a Confirmation Order, the second greatest concern of the Department of Education appears to be that this plan is a devious attempt to trick student loan servicers into violating the automatic stay.”
ABI Commission on Chapter 13 Invites Participation
ABI has announced the formation of a Commission on Consumer Bankruptcy. Click here for a list of topics to be examined by the Commission. ABI has also extended an invitation to participate in a Public Meeting to be held July 15 from 4:00 – 5:30 PM during the 2017 NACTT Annual Seminar at the Sheraton Seattle Hotel, Seattle, Washington.
To request a time for a public statement or to submit a written statement, email the Commission at ConsumerCommission@abiworld.org.
Click here for Notice to Participate
Click here to register for the conference.
CONSUMER BANKRUPTCY COMMUNITY NEEDS YOUR HELP
Thank you to everyone we heard from – Please re-check new draft
Conduit or Not
Attached is an UPDATED chart showing which trustees are and are not conduit trusteeships. Please review the attached list and send The Academy any corrections. Thank you for your assistance.
From the Supreme Court
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From the Courts
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Student Loan Chronicles
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For Your Blog
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Sanctions and Irony and Fraud, Oh My!
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There’s Always a Car
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Ask Ms. Ps & Qs
By Professor Nancy Rapoport
Welcome back Ms. Ps & Qs . . . she brings us a doozy!
You know you’re about to read an in-depth sanctions opinion when it begins like this: Frustration and disappointment.
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
When Things Don’t Go According to the Plan
By Mark C. Leffler and Emily Connor Kennedy
 “Recently, debt collectors have had reasons to celebrate.” Click here for Part 1
By Professor Nancy Rapoport
Welcome back Ms. Ps & Qs . . . she brings us a doozy!You know you’re about to read an in-depth sanctions opinion when it begins like this: Frustration and disappointment.
By the Numbers
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
When Things Don’t Go According to the Plan
By Mark C. Leffler and Emily Connor Kennedy
 In our reoccurring topic “When things Don’t Go According to the Plan,” attorneys Mark Leffler and Emily Connor Kennedy bring us Part 1 of a 2 part article . . .“. . . This expansive language sent shock waves through Chapter 13 practice in the Fourth Circuit. The holding appeared to bar not just the affirmative claims for damages under Rule 7001(1) but any “statutory objection” after confirmation. . . .”
By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
Last month, the Academy presented a discussion by Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway, entitled “Withdrawal of Timely Filed Claims…What’s a Trustee to Do?” Now, in two more parts, we back up to ask some related questions.In Part 2, we ask: Why would a debtor or trustee object? Then, to bring the discussion full circle, why would the creditor not want to file a claim or want to withdraw a previously-filed claim? Finally, how is a claim withdrawn? Click here for Part 1 of 2 – Part 1: Why would a creditor file a claim and how? We also will consider how the debtor or trustee would object.
From Our Friends at Credit Slips
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From the UST
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There’s Always a Car
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For Your Blog
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Either may be a good topic for your blog or other social media communications:
Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A confirmed Chapter 13 plan can substitute for a filed proof of claim and can bind the trustee to making distributions in accordance with that plan when the order recognizes a claim as “allowed.”“ . . . The rules will change on December 1, 2017, specifically recognizing that both secured and unsecured creditors must file proofs of claim in order to ensure that they hold an allowed claim. . . .”
By Lawrence R. Ahern, III, Brown & Ahern, Nashville, Tennessee
Last month, the Academy presented a discussion by Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway, entitled “Withdrawal of Timely Filed Claims…What’s a Trustee to Do?” Now, in two more parts, we back up to ask some related questions.Here, in Part 1, we ask: Why would a creditor file a claim and how? We also will consider how the debtor or trustee would object.In Part 2, we will ask: Why would a debtor or trustee object? Then, to bring the discussion full circle, why would the creditor not want to file a claim or want to withdraw a previously-filed claim? Finally, how is a claim withdrawn?
Follow-Up on Credit Scores
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From the Courts
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Passing of Judge
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There’s Always a Car
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Debtors’ Prison
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)The Of Interest category contains items that aren’t exactly consumer bankruptcy related but that we think you may find . . . wait for it . . . Of Interest
MORTGAGE MATTERS (Not password protected)
BY THE NUMBERS (Not password protected)
By Ken Siomos, Staff Attorney to Chapter 13 Trustee John H. Germeraad (Springfield, IL)
“While recognizing the apparent absurdity of the debate, it must be acknowledged that there is a legitimate question of how the structuring of the phrase impacts its meaning within § 1325.”
Student Loan Chronicles EXTRA
By Ed Boltz, The Law Offices of John T. Orcutt (Durham, NC)
“After fears of discharge through a Confirmation Order, the second greatest concern of the Department of Education appears to be that this plan is a devious attempt to trick student loan servicers into violating the automatic stay.”
Student Loan Chronicles
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Passing of Retired Judge
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Recovery of Credit Scores
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There’s Always a Car
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There’s Gotta Be a Law . . .
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Sanctions and Irony and Fraud, Oh My!
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From the Hill
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)The Of Interest category contains items that aren’t exactly consumer bankruptcy related but that we think you may find . . . wait for it . . . Of Interest
MORTGAGE MATTERS (Not password protected)
The ACA and Bankruptcy
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In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.
“The intersection of Bankruptcy and Family Law can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. There are an almost infinite number of combinations of timing and facts when these two areas of law collide . . .”
Click here for Part II
- Peake v. Ayobami – Appellant’s brief seeking reversal of Bankruptcy Court decision regarding misapplication of Form 106C.
- Peake v. Ayobami – Reply brief
From the IRS
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A note to all taxpayers – Taxpayers should keep a copy of their tax return. Beginning in 2017, taxpayers using a software product may need their Adjusted Gross Income (AGI) amount from their prior-year tax return to verify their identity.
What to Do When an IRS Letter Arrives in the Mail
From the Courts
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A Jasper County judge has been appointed to the bench in the United States Bankruptcy Court for the Northern District of Indiana.
On the CFPB
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)The Of Interest category contains items that aren’t exactly consumer bankruptcy related but that we think you may find . . . wait for it . . . Of Interest
MORTGAGE MATTERS (Not password protected)
Midland Funding v. Johnson Decided
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From the Editor – Co-Debtor Stay and Standing
By The Honorable William Houston Brown (Retired)
Judge Brown brings two cases to our attention this week – one on co-debtor stay and one on standing:
- Peake v. Ayobami – Appellant’s brief seeking reversal of Bankruptcy Court decision regarding misapplication of Form 106C.
- Peake v. Ayobami – Reply brief
Mortgage Matters Feature
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For Your Blog
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For Your Blog contains articles, particularly debtor attorneys, might want to use as filler content for website or blog.
Student Loan Chronicles
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Student Loan Chronicles Supplement
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Cars
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
The Painful Truth About Teeth – You can work full time but not have the money to fix your teeth – visible reminders of the divide between rich and poor
OF INTEREST (Not password protected)The Of Interest category contains items that aren’t exactly consumer bankruptcy related but that we think you may find . . . wait for it . . . Of Interest
MORTGAGE MATTERS (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
“Where the debtors’ proof of loss to an insurance company significantly exceeds the amounts and list of property included on the debtors’ Chapter 13 petition, it was appropriate to cancel the entire insurance policy.”
In a continuation of the theme above in which cheaters never win . . .
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From the Editor – Property of Estate and Exemptions
By The Honorable William Houston Brown (Retired)
Judge Brown is back – big time – SIX cases involving property of the estate and/or exemptions:
Family Farmers
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Student Loan Chronicles
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Cars
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
By Marsha M. Brown, Staff Attorney to Chapter 13 Trustee Douglas W. Neway (Jacksonville, FL)
“What happens when a creditor files a timely, allowed claim, the Trustee commences disbursement on the claim, but the creditor has a change of heart and subsequently withdraws its claim?!?”
New Rule Changes
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Interesting New Study
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Surveying the Law of EmojisWhile not specific to bankruptcy, this paper is forward looking regarding an issue we will no doubt see in the future even in bankruptcy cases – emojis of all things!
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By Academy Staff
On October 1, 2016, Robert S. Thomas, II, was appointed as the Chapter 13 and Chapter 12 Standing Trustee for the District of Maryland, Baltimore Division with offices in Townson.
Supreme Court Corner
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The ACA and Bankruptcy
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Student Loan Chronicles
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Cars
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Leo G. Spanos, Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee (Oakland Division, CA)
Although the facts of the case (not to mention Spanos’ portrayal of same) are somewhat humorous, Attorney Spanos brings a great reminder that even the most ludicrous case demands professional attention.
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Although a business case, “Its decision is a primer on bankruptcy jurisdiction at the circuit level, . . .”
Supreme Court Corner
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Student Loan Chronicles
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From the United States Trustee
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Sanctions and Irony and Fraud, Oh My!
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- Investment Fraudster Gets 12-Years – Federal appeals court affirmed the conviction and sentence . . . on multiple counts of wire fraud, bank fraud, bankruptcy fraud and making false statements on bankruptcy schedules relating to an investment.
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It is appropriate for the court to extend the scope of the automatic stay to protect wholly owned, nondebtor business entities controlled by the debtor to assist the debtor’s Chapter 13 reorganization by halting the “alter ego” litigation against them.
By John P. Gustafson, Judge, United States Bankruptcy Court, Northern District of Ohio, Western Division of Ohio (Toledo)
“Chapter 13 Staff Attorney or Trustee: Your Honor, the trustee moves to deny confirmation based upon the Debtor’s failing to put all of her disposable income into the Plan.”We are pleased to have a short piece from an Academy favorite author, Judge Gustafson. Additionally, just for fun, take a glimpse at another side of Judge Gustafson: Bankruptcy and Naturalization – Two Uniform National Laws With a Fresh Start
“For all of you who stressed, strained, fretted, wheedled, worried, fought, kicked, and even gouged to finally wrest a loan modification from the lender/servicer that controls your client’s home loan, I have a message.The fight may not be over.”Although originally written directed to consumers, this piece is a must-read for all attorneys/staff who work with loan modifications. (Used with permission, originally published by BankruptcySoapbox.com 2017)
Supreme Court Corner
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Student Loan Chronicles
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From the United States Courts
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From the Archives
By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
“So the question to ask is, does the phrase ‘discriminate with respect to employment’ include hiring .decisions?”
Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
MILITARY MATTERS (Not password protected)
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Due to the retirement of Jack LaBarge, the Eastern District of Missouri has a new Trustee. Meet Diana Daugherty.
Supreme Court Corner
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Judge Shortage
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Student Loan Chronicles
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“Fake” News Enters Bankruptcy World
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”Part three of this four-part series looks at the next six cases in Attorney Hayes article beginning with Shapiro v. Wilgus. Click here for Part IClick here for Part II
Meet the New Trustee
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McKinney is not your typical trustee. In half of her life she is in suits complete with hose and heels and in the other half she is in jeans, t-shirts, and cowgirl boots – and not the cute shiny ones – the ones complete with a little manure!
Student Loan Chronicles
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Vocabulary Phrase of the Week – “Sharing Economy” what the heck is that?Although the IRS notice doesn’t say so, the Sharing Economy is Airbnb, Uber, Uber Eats, Lyft, Etsy, and Rentcharlie to name a few.Google defines Sharing Economy as an economic system in which assets or services are shared between private individuals, either free or for a fee, typically by means of the Internet. Now you know.
Sanctions and Irony and Fraud, Oh My!
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Perhaps the following items deserve their own category . . .
These two links are just for your reading ‘pleasure’ . . .
IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By M. Jonathan Hayes
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”
Part two of this four-part series looks at Dean v. Davis, Chicago Board of Trade v. Johnson, and Cunningham v. Brown.
The Law of Unintended Consequences
This is the first of what we expect will become a regular series of comments on statutes and decisions that have consequences beyond the contemplation of the legislators and judges involved.
If you have suggestions for future comments, please send them to the author at LAhern@BrownAhern.com.
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, Tennessee)
Supreme Court Corner
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
OF INTEREST (Not password protected)
MORTGAGE MATTERS (Not password protected)
By M. Jonathan Hayes
“We have a rich history in bankruptcy. The Supreme Court has been an important component in that development.”
We begin this four-part series by looking at the common themes which naturally effervesced while looking at the cases; along with an examination of Sturges v. Crowninshield and Hanover Nat. Bank v. Moyses.
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Take a look at this new empirical study by Professors Pamela Foohey, Robert M. Lawless, Katherine M. Porter and Deborah Thorne
“This Article exposes the increasingly prevalent phenomenon of debtors paying nothing in attorneys’ fees to file chapter 13.”
From Our Friends at Credit Slips
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A Comparative and Economic Approach
Goldman Sachs and Fannie Mae
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Student Loan Chronicles
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It’s Tax Time
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Sanctions and Irony and Fraud, Oh My!
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IN THE NEWS (Not password protected)
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By Tony Sottile, Esq., Sottile & Barile, LLC (Cincinnati, OH)
“Like many matters we all handle in a bankruptcy context, some we enjoy and some we enjoy… well, a little less. Regardless of the position you have in this area of law – whether you are Debtors’ Counsel, Creditors’ Counsel, a Trustee or a Judge, you likely cringe a little when a Motion to Substitute Collateral comes up.”
Trustee Appointment
The US Trustee Program has announced that Scott Lieske has been appointed as the new Chapter 13 Standing Trustee in Milwaukee, Wisconsin, effective May 1, 2017. Lieske replaces Mary Grossman who is resigning.
Prior to his appointment as Trustee, Mr. Lieske was the Senior Staff Attorney for Russell A. Brown, Chapter 13 Standing Trustee for the District of Arizona, and served in that position for 14 years. Mr. Lieske has been a member of the State Bar of Arizona since 1995. He received his undergraduate degree from Trinity University and his J.D. from Arizona State University School of Law. Prior to joining the Trustee’s office, Mr. Lieske was in private practice handling consumer bankruptcy cases for Doney and Associates. Mr. Lieske is a Master in the Arizona Bankruptcy American Inn of Court and has served as Chairman of the Arizona State Bar’s Unauthorized Practice of Law Advisory Committee.
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 Bill would implement recommendations from Judicial Conference
PayDay Lenders Back in the News
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Student Loan Chronicles
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It’s Tax Time
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From the Courts
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Sanctions and Irony and Fraud, Oh My!
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
A win for creditors . . .
An above-median income Chapter 13 debtor is not permitted to take a mortgage/rent expense deduction when the debtor’s non-filing spouse is the owner of the property and the debtor has no obligation on a mortgage.
In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.
“The intersection of Bankruptcy and Family Law can be liberating or disruptive. . .” Part 2 picks up with a discussion of exemptions, continues into avoidance powers, and concludes with discharge issues.
Click here for Part 1
Sanctions and Irony and Fraud, Oh My!
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If you have seen these fees/charges in a case or cases, let us know . . . click here
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By Hon. Rebecca B. Connelly with Attorney Edward Boltz and Chapter 13 Trustee Kathy Dockery
“. . . examined whether a chapter 13 debtor who cannot defend a motion to dismiss for non-payment or modify his plan to enable completion, may otherwise strategically exit chapter 13.”
In this well-written piece, Attorney Moran speaks to non-bankruptcy professionals while also providing the Academy with a tangible resource on the intersection of bankruptcy and divorce.
“The intersection of Bankruptcy and Family Law can be liberating or disruptive, depending on the timing of a bankruptcy filing and the goals of your client. There are an almost infinite number of combinations of timing and facts when these two areas of law collide . . .”
From the Courts
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee Craig Shopneck (Cleveland, OH)
“Service by mail is a cheaper and more efficient method of service than personal service or service by publication, but it requires attention to detail.”Attorney Lamos brings Academy members another tangible resource. Whether or not you believe you are properly serving “insured depository institutions,” you need to read this article and circulate it to applicable staff members.
And now . . .
“This bankruptcy case raises questions of statutory interpretation, federal preemption, and equal protection. Mildred Bratt filed a Chapter 13 plan providing for 12% interest on overdue property taxes to which Metro Nashville objected, arguing that Tennessee law specifies 18% interest. The bankruptcy court decided that the state law violated the Supremacy Clause. The State of Tennessee intervened and the parties appealed. The bankruptcy appellate panel (BAP) affirmed use of the 12% interest rate on different grounds, relying instead on interpretation of federal and state statutes and declining to address the constitutional arguments. Likewise, we AFFIRM the bankruptcy court’s approval of a plan using the 12% interest rate based on the language of the statutes at issue.”
Student Loan Chronicles
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It’s Tax Time . . . Again
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For Your Clients: Use the “Where’s My Refund?” Tool – Taxpayers can use “Where’s My Refund?” app to check the status. Find it on IRS.gov or the free IRS mobile app IRS2Go.
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By James Davis, Staff Attorney to Chapter 13 Standing Trustee Henry E. Hildebrand, III (Nashville, TN)
How often do you hear the word “salacious” in reference to a bankruptcy case? Ohh la la!!! But, alas, the case is actually pretty esoteric.
“The Eleventh Circuit . . . recently offered a reminder of the potential inconvenience of bankruptcy courts’ limited adjudicatory powers. The allegations in the case were salacious—that a law firm hired a bankruptcy judge’s fiancé in a scheme to improperly influence court rulings. But the Eleventh Circuit did not end up expressing any view of these doings because the appeal foundered on procedural grounds.”
PACER
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Bankruptcy and the U.S. Supreme Court
From Our Friends at CreditSlips
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From the Courts
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Sanctions and Irony and Fraud, Oh My!
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By Patricia M. Mayer, Esquire, Waterman & Mayer, LLP
“The District Court began its analysis of the issue by examining the plain meaning of the terms ‘surrender’ and ‘vest’ in the context of §§ 1325 and 1322.”
By Morgan D. King, Esq., Dublin, CA
“The Mitchell court set forth the following nonexclusive factors to be considered in determining whether to dismiss a chapter 7 case for bad faith under § 707(b)(3)(A) . . .”
Icons of the Bankruptcy World Retire
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 John V. “Jack” LaBarge, Jr., was appointed the Standing Chapter 13 Trustee serving the Eastern District of Missouri in October of 1987. Prior to that, he had been a Chapter 7 Panel Trustee since 1971 – 46 years – WOW. Jack served two terms on the NACTT Board of Directors as an at-large Director. He also served for many years on the Peer Review Committee. Additionally, Jack has mentored multiple new trustees. Jack is a long-time member and supporter of both NACTT and The Academy. He is an institution of service to others and will be leave a gaping hole in these organizations. It is often said that behind every successful man is an equally successful woman. No exception here. Mary LaBarge has served the trusteeship and the consumer bankruptcy community right alongside Jack. She was on the initial Staff Symposia Committee led by Robin Weiner. This Committee developed the concept of nationwide employee training. She developed curriculum and served as facilitator for many years at the beginning of this project and helped set the standard for this valuable training. Even after her retirement from the Staff Symposia Committee she was always willing to step up and fill in any gap when needed.
Mary participated as a panelist multiple times at NACTT annual summer meetings. She developed materials and spoke to upper level trustee staff on such topics as ethics with The Honorable Barry S. Schermer. In addition, Mary served with Alice Whitten and Debbie Langehennig on an NACTT/Academy joint Educational Webinar Training Committee for three years. She participated in the development and/or delivery of at least a half dozen training webinars for which The Academy is eternally grateful.
 Not only are we losing the LaBarges this month, but Martha K. “Marty” Hallowell, Deputy Assistant Director for Oversight, Executive Office for United States Trustees, U.S. Department of Justice left us at the end of January. When asked what is next, Ms. Hallowell responded, “play and travel.” Marty, you will be tremendously missed – thank you, Marty, for your hard work and for always being so pleasant.
In discussing future plans with each of these icons, the common theme seemed to be to NOT answer to an alarm clock!
We wish you all the best in a happy and fulfilling retirement.
From the Florida Bar Association
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There’s a New Sheriff in Town
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
“Chapter 13 debtors do not have standing to bring an action to set aside a transfer under §§ 544, 547 or 548 because only the trustee has been given that standing; a trustee cannot be compelled to be an involuntary plaintiff to cure this defect.”
By Selwyn D. Whitehead, Esq.
As promised back in January, Attorney Whitehead delivers an update including her observations of oral arguments before the California Supreme Court. The Court’s decision will be an interesting one.
From the Courts
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Sanctions and Irony and Fraud, Oh My!
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By Professor Nancy Rapoport
“To continue the new year off right, here’s a discussion about a question that I received:I get a telephone msg (or email or text) from a client with a legitimate legal question. How long do I, ethically, have to respond? A day, a week? What if I never respond?”
From the Editor – Dismissal
By The Honorable William Houston Brown (Retired)
From the Courts
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Student Loan Chronicles
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By Anne-Marie L. Bowen, Esq. and Alexander H. Bowen
 “The Florida Supreme Court recently ruled on a monumental case that will allow lenders to refile foreclosure actions that were previously involuntarily dismissed, even though the five-year statute of limitations has run on the prior default.”
Check Out Attorney Bowen’s Book . . .
From the Editor – Appeals
By The Honorable William Houston Brown (Retired)
This week, Judge Brown takes a look at 2 cases pertaining to appellate procedure:
From the Courts
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Student Loan Chronicles
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Winner Winner Chicken Dinner
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From the Editor – Debtor’s Attorney
By The Honorable William Houston Brown (Retired)
Judge Brown is back bringing us three cases involving attorney’s fees:
From Credit Slips
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Our friends at Credit Slips furnish this week’s By the Numbers:
From the National Consumer Law Center
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In a letter dated 1/10/17, Lauren Saunders, Associate Director of the NCLC, strongly urges readers to oppose H.R. 5 the Regulatory Accountability Act of 2017Click here for Saunders’ LetterOn 1/11 the Bill passed the House
Sanctions and Irony and Fraud, Oh My!
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From the IRS
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The IRS Newsletter entitled Who Will Prepare Your Tax Return is typical with a few exceptions:
For YOU – If you are in search of a tax preparer, two links may be of interest:
For YOUR CLIENTS –
- IRS Free File lets taxpayers who earned less than $64k prepare and e-file a return for free.
- For those earning less than $54k, VITA offers in person help filing (although a search by the Academy did not yield very many locations – a few examples: Adrian, MI; Houston, TX; York, PA; Long Island City, NY). Enter your zip code to see if there is a location near you.
- The Newsletter mentions help for those over age 60 through AARP; however, the website was less than helpful – you will need to call the number listed.
For YOU OR YOUR CLIENT – Problems with a tax preparer?
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From Our Friends at Epiq
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By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue went before the California Supreme Court 1/4/17.
From Our Friends at the National Consumer Bankruptcy Rights Center
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Section 707(b)(2) permits a debtor to take the full National and Local Standard amounts for expenses even though the debtor’s actual expenses are less. Lynch v. Jackson, No. 16-1358 (4th Cir. Jan. 4, 2017). Click here for opinion
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Issue: FDCPA Case on Filing Bankruptcy Proof of Claim on Out of Statute DebtMore on this issue:
Bankruptcy Judge Honored
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Student Loan Chronicles
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Sanctions and Irony and Fraud, Oh My!
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From the IRS
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Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.
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By Professor Nancy Rapoport
We start the year off right with an always needed dose of ethics. We know you have a small margins but what do you, as an attorney, HAVE to do for and with your clients and what can you delegate to non-legal staff? As always, Ms. Ps & Qs not only answers our questions but does so in the most entertaining of ways!
Click here for the answer
By Selwyn D. Whitehead, Esq., San Francisco Bay Area Bankruptcy and Tax Attorney
In this piece, Attorney Whitehead delivers an exhaustive look at cases in which the debtor’s income is derived from a spendthrift trust. This issue goes before the California Supreme Court this week.
Chapter 13 Debtors Engaged in Business
This 37-minute training is specifically designed for attorneys who represent Trustees. Chapter 13 Trustees Laurie Williams and Krispen Carroll, along with Staff Attorney to Kathleen Leavitt, Daniele Gueck-Townsend, outline procedures for ascertaining what is a business case, as well as, guidelines for maintaining business cases.
From the IRS
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Many individuals will receive ACA information statements from their employer or insurance coverage provider by early March/2017 about their 2016 health insurance coverage. This article tells you what to do with this form.
MORTGAGE MATTERS (Not password protected)
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See also Academy resource: Bitcoins and Bankruptcy by Phil Lamos
