Home - Archived (January 2021 - December 2021)

December 27, 2021
Archives
hildebrand

Critical Case Comment – Debtor Refuses to Give Location of Surrendered Mercedes; Pleads the Fifth

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge.
studentloanchronicles

Student Loans Chronicles

(Not password protected)
ahern

Judicial Year in Review 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized the changes in Bankruptcy Rules that took effect December 1, 2021. In Parts 2 and 3, he selected some judicial activity related to bankruptcy procedure during the past year. Part 4 is selected cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure
irs

From the IRS

(Not password protected)
  • IRS News from Around the Nation (This is pretty cool – all on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
judgeships

Available Judgeships

(Not password protected)
cfpb

From the CFPB

(Not password protected)
ncbrc
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
courtscales

From the Courts

(Not password protected)
cmoran
IN CASE YOU MISSED IT. . .

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

By Cathy Moran, Esq., (Redwood City, CA)
Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy.
December 20, 2021
Archives
ahern

Judicial Year in Review 2021 – Part 4 Selected Cases under Parts VIII and IX of the Federal Rules of Bankruptcy Procedure

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized the changes in Bankruptcy Rules that took effect December 1, 2021. In Parts 2 and 3, he selected some judicial activity related to bankruptcy procedure during the past year. In this Part 4, he concludes the series.
cmoran

Taxes & Timing: Calculating Outcomes for Bankruptcy Debtors

By Cathy Moran, Esq., (Redwood City, CA)
Bankruptcy lawyers regularly evaluate the dischargeability of taxes when deciding when to file a client’s bankruptcy case. At base, the 3 year rule, the 2 year rule, and the 240 day rule routinely drive timing of a bankruptcy.
Nima

Meet a New Trustee

(Not password protected)
One of our very newest trustees is very familiar to many of us. After serving ten years as Chief of Staff (a/k/a Staff Attorney) to Martha Bronitsky, on August 1, 2021, Nima Ghazvini was appointed Chapter 13 Standing Trustee for the Districts of Hawaii, Guam, and Northern Mariana Islands.
judgeships

Available Judgeships

(Not password protected)
cfpb

From the CFPB

(Not password protected)
ncbrc
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
Families Will Soon Receive December Advance Child Tax Credit Payment; those not receiving payments may claim any missed payments on the upcoming 2021 tax return
courtscales

From the Courts

(Not password protected)
  • Central District of CA – This is niftyCentral Guide to Replace the Court Manual Effective NOW
  • District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
AshleyCurry
IN CASE YOU MISSED IT. . .

Sanctions in South Carolina

By Ashley Baxter Curry, Staff Attorney for Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern, Fayetteville, Greenville & Wilmington Divisions)
In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding.
December 13, 2021
Archives
AshleyCurry

Sanctions in South Carolina

By Ashley Baxter Curry, Staff Attorney for Joseph A. Bledsoe, III, Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern, Fayetteville, Greenville & Wilmington Divisions)
In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding.
hildebrand

Critical Case Comment – Nothing Requires a Plan to Provide for All Secured Claims

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for all secured claims.
McCartney

Appointment of New Trustee

(Not password protected)
As of January 1st, Erin M. McCartney will be the new Chapter 13 Standing Trustee for the District of Nebraska. Ms. McCartney has big shoes to fill as she will be replacing our friend Kathleen Laughlin upon her retirement.

Congratulations Erin McCartney!

agriculturalnews

Chapter 12 In The News

(Not password protected)
debtcollection

Debt Collection

(Not password protected)

A popular item from last week – Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)

cfpb

From the CFPB

(Not password protected)
timeforchange

Webinar This Week – Register Now

3002.01 Proposed Rule Changes: The Webinar

Join our panel of experts on Thursday, December 16 that 2 Eastern for a lively discussion of the proposed changes to Federal Rule 3002.1.

Access to webinar recorders is benefit of subscription to ConsiderChapter13.org. Not a Subscriber? JOIN NOW!

ncbrc
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)

Get Ready for Taxes

Families who received advance payments will need to compare the advance Child Tax Credit payments that they received in 2021 with the amount of the Child Tax Credit that they can properly claim on their 2021 tax return.

In January 2022, the IRS will send Letter 6419 with the total amount of advance Child Tax Credit payments taxpayers received in 2021.

Taxpayers who received less than the amount for which they’re eligible will claim a credit for the remaining amount of Child Tax Credit on their 2021 tax return. Taxpayers who received more than the amount for which they’re eligible may need to repay some or all of the excess payment when they file.

courtscales

From the Courts

(Not password protected)
  • Central District of CA – This is niftyCentral Guide to Replace the Court Manual Effective NOW
  • Southern District of GA – Reminder: The Honorable Edward J. Coleman, III is holding in-person hearings in the Savannah and Statesboro Divisions
  • District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ahern
IN CASE YOU MISSED IT. . .

Judicial Year in Review 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Judicial Year in Review 2021- Part 3 Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

In Part 1, summarized the changes in Bankruptcy Rules effective December 1, 2021. In Part 2, he selects some judicial activity related to bankruptcy procedure during the past year. This, Part 3 continues his review of cases.
December 6, 2021
Archives
hildebrand

Critical Case Comment – Absolute Right to Dismiss But Not the End of the Story

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Although a Chapter 13 debtor has the absolute right to voluntarily dismiss her Chapter 13 case, even after a motion to convert is filed, the Court retains the rights to impose restrictions on the dismissal.
ahern

Judicial Year in Review 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

Judicial Year in Review 2021- Part 3 Selected Cases under Parts IV-VII of the Federal Rules of Bankruptcy Procedure

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

In Part 1, summarized the changes in Bankruptcy Rules effective December 1, 2021. In Part 2, he selects some judicial activity related to bankruptcy procedure during the past year. This, Part 3 continues his review of cases.
rapoport

New Study

(Not password protected)
Professor Nancy Rapoport and Joseph R. Tiano, Jr., have co-authored “The Legal Industry’s Second Chance to Get It Right,” published in the Willamette Law Review. In the article they compare the situation during the 2008 Great Recession with the COVID-19 economic crisis and express their opinion “that, over the next twelve months, the 400 largest U.S. law firms (i.e., ‘BigLaw’) and the legal departments of BigLaw’s largest clients will dust themselves off after some initial retrenchment, quickly stabilize, and start showing positive trends.”
debtcollection

Debt Collection

(Not password protected)

Debt collectors can now text, email and DM you on social media (An excellent piece for your client communication – i.e. newsletter, blog)

Schmetterer

Passing of Judge

(Not password protected)
Judge Jack B. Schmetterer (retired) of the Northern District of Illinois has passed away.

See also:

Serendipity, a Tribute to Judge Jack B. Schmetterer

fromthearchives

From the Archives

(Not password protected)

Chapter 13 Under the Bankruptcy Act and Chandler Amendments

An older article but still a great primer on the history of bankruptcy.

abovethelaw

From Above the Law

(Not password protected)

Respect, Relationships, and Responsibility: The Three Rs of Modern Law and Business

It is no longer enough to simply deliver a service or a product; a reliable connection must be made and nurtured as well.

webinar

Upcoming Webinar – Register Now

3002.1

Join our panel of expertson Thursday, December 16th for a lively discussion of the proposed changes to Federal Rule 3002.1 and the controversialissue of deeming the mortgage current.

Not a Subscriber? JOIN NOW!

ncbrc

From NCBRC

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
courtscales

From the Courts

(Not password protected)
  • District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
caution
November 29, 2021
Archives

IT’S CATCHUP WEEK!!

Due to the Thanksgiving Holiday, we bring you a Greatest Hits
Update. However, the non-password protected items are new.

amyx

When the Trustee Gets Subpoenaed

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)
“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”
Scolforo

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia
Attorney Scolforo brings us another great analysis of an opinion every consumer attorney needs to know about . . . A 70 year-old pro se Debtor . . . , inspired Judge Connelly . . . to issue a 31-page opinion discharging $109,983 in student loans.
mccormick

Escrow 101 and 102

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
A resource you don’t want to miss.

Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4

Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A

ahern

Judicial Year in Review 2021 Part 2: Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1 of this year-in-review series, Larry Ahern summarized the changes in Bankruptcy Rules to take effect December 1, 202. Now, in Part 2, he selects some judicial activity related to bankruptcy procedure during the past year, organized in Bankruptcy Rule order.
hildebrand
A very popular item from last week . . .

Critical Case Comment – Pro Se Debtor Sanctioned

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se.
webinar

Did You Know . . .

ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.

There is also a staff training webinar library!

Not a Subscriber? JOIN NOW!

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
November 22, 2021
Archives

ahern

Judicial Year in Review 2021 Part 2:Selected Cases under Parts I-III of the Federal Rules of Bankruptcy Procedure

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1 of this year-in-review series, Larry Ahern summarized the changes in Bankruptcy Rules to take effect December 1, 202. Now, in Part 2, he selects some judicial activity related to bankruptcy procedure during the past year, organized in Bankruptcy Rule order.
hildebrand

Critical Case Comment – Pro Se Debtor Sanctioned

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se.
tfs

TFS Bill Pay Announces New Attorney Report Centerd

(Not password protected)
TFS Bill Pay has launched a new powerful tool to help you succeed; the Attorney Report Centerlocated in your AttorneyPortal.
robson

New Judges Appointed

(Not password protected)
Judge Grace E. Robson and Judge Jacob A. Brown Sworn in as Middle District of Florida Bankruptcy Judges.
eviction

Eviction Protection in the News

Renters Are Still Protected from Eviction in These States and Cities
sontchi

Judge to Retire

United States Bankruptcy Judge Christopher S. Sontchi, District of Delaware, has announced his retirement effective June 20, 2022.
webinar

Did You Know . . .

ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.

There is also a staff training webinar library!

Not a Subscriber? JOIN NOW!

ncbrc
cfpb

From the CFPB

(Not password protected)

CFPB Takes Action to Stop False Identification by Background Screeners (Debtor Attorneys need to glance at this one.)

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee and debtor attorneys to pass along in your own blog or use for an original article idea.)
courtscales

From the Courts

(Not password protected)
  • District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
November 15, 2021
Archives
Ausbrooks

Are Monthly Newsletters to Clients Beneficial? Heck Yeah!

By Mary Beth Ausbrooks, Rothschild & Ausbrooks PLLC (Nashville, TN))
“With the prolonged decline in case filings, I found that sending a mass emailed newsletter has been very beneficial. . . I have sent a tailored mass email to clients who I represented in Chapter 7s more than eight years ago letting the former clients know that they are now eligible for another Chapter 7, if needed, or a Chapter 13. I have also sent mass emails to potential clients with whom I have met who, at that time, decided against filing.”

Almost every week, ConsiderChapter13.org offers at least one item under the “For Your Blog” category.

We hope that these ideas will help jumpstart you toward a blog; mass email; and/or periodic newsletter.

hildebrand

Critical Case Comment – Creditor Not Required to Dismiss Prepetition Nonbankruptcy Action

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Automatic stay does not require creditor pursuing prepetition nonbankruptcy court action to dismiss that action once a bankruptcy case is filed; requesting continuances and attending status conferences do not constitute “continuation” of the prepetition action for purposes of the automatic stay.
ahern

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Ahern begins a year-end review of 2021 developments in bankruptcy procedure. In Part 1, he summarizes the changes in Bankruptcy Rules to take effect December 1, 2021, absent Congressional action.
barnett

New Judge Appointed

Denise E. Barnett is appointed as United States Bankruptcy Judge for the Western District of Tennessee.
webinar

Did You Know . . .

ConsiderChapter13.org maintains a library of all of the webinars we produce? Access is free to subscribers. We also offer a pay per view option.

There is also a staff training webinar library!

Not a Subscriber? JOIN NOW!

thumbsdown

Supreme Court Corner

(Not password protected)
Cert Denied – Vasquez, Jr., et ux., Petitionersv. Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Trust F – Case would have taken a current look at Dewsnup
ncbrc
esr

New From the Northern District of Illinois

(Not password protected)
Electronic Self-Representation (eSR) – Beginning Monday, November 8, 2021, people who live in the Northern District of Illinois and do not have an attorney will have the option of submitting their bankruptcy petitions through our electronic self-representation (eSR) system. eSR is an online tool to help people prepare a Chapter 7 or Chapter 13 bankruptcy petition when they have decided to file bankruptcy without an attorney.
cfpb

From the CFPB

(Not password protected)
positionsopen

Position Opening

(Not password protected)
  • Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
courtscales

From the Courts

(Not password protected)
  • District of MN – Court issued en banc order to address post-petition attorney’s fee arrangements in Chapter 7 cases
OHair
IN CASE YOU MISSED IT . . .

Justifying Reasonable Document Requests

By Sean G. O’Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA)
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.

Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.

November 8, 2021
Archives
OHair

Justifying Reasonable Document Requests

By Sean G. O’Hair, Staff Attorney to Chapter 13 Standing Trustee Nancy Curry (Los Angeles, CA)
It seems this issue raises its ugly head ever so often causing tension between Trustees and their debtors’ bar.

Recent changes to the Handbook for Chapter 13 Standing Trustees prompted Attorney O’Hair (and his colleague Masako Okuda)to write this excellent reference piece on why the Trustee needs what he or she needs.

ahern

Judicial Year in Review 2021: Revised Rules and Selected Cases – Part 1 Amended Rules

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week Ahern begins a year-end review of 2021 developments in bankruptcy procedure. In Part 1, he summarizes the changes in Bankruptcy Rules to take effect December 1, 2021, absent Congressional action. Next, he will digest some selected judicial activity related to procedure during the past year.
gargotta

New Chief Judge Named

(Not password protected)

The United States Bankruptcy Court for the Western District of Texas announced that effective November 2, 2021, Bankruptcy Judge Craig A. Gargotta shall serve as Chief Judge of the Bankruptcy Court.

Webinar Recording Now Available

Gravel: So, What’s the Big Deal?

Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.

Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.

funk

Fun Article on Quasi-Retired Judge

(Not password protected)
Jerry Funk: 28 Years on the Bankruptcy Bench – From Winn-Dixie and Stein Mart to people who can’t pay off credit cards, he has seen it all.
hud

SF Handbook

(Not password protected)
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook

Two ways to access:

  1. We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
  2. For an electronic version click here.
injury

Interesting New Study

(Not password protected)

Trajectories of Unsecured Debt and Health at Midlife

A new study concludes: “The amount, timing, and duration of unsecured debt accumulation and repayment have important health implications and may exacerbate midlife health inequalities” particularly joint pain and stiffness.

positionsopen

Position Opening

(Not password protected)
  • Chapter 7 Panel Trustees – (1) Western District of Tennessee, Jackson and Memphis Divisions (11/30/21); (2) District of Idaho, primarily in the Eastern Division (Pocatello) (11/29/21); (3) Northern and Eastern Districts of Oklahoma, primarily in the Eastern District (11/30/21)
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
courtscales

From the Courts

(Not password protected)
  • District of NV – CM/ECF will be unavailable from Wednesday, 11/10, 5:00 PM PST until approximately 8:00 AM PST, Monday, 11/15, to upgrade to Next Generation.
lundin
IN CASE YOU MISSED IT . . .

Rental Assistance

(Not password protected)
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.

ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.

November 1, 2021
Archives
hildebrand

Critical Case Comment – And There is Also Blanco

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Rule 3002.1 gives the Bankruptcy Court authority to impose sanctions, including punitive sanctions, as part of the rules-granted authority to award “other appropriate relief.”

***************************

Webinar Recording Now Available

Gravel: So, What’s the Big Deal?

Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Sanctions? No sanctions? Join the Trustee in Gravel, Jan Sensenich, Appellate Attorney Mahesha Subbaraman, and Hank Hildebrand for the answers.

Webinar recordings are free to all current ConsiderChapter13.org subscribers. NOT A SUBSCRIBER? Join NOW.

lundin

Rental Assistance

(Not password protected)
The Honorable Keith M. Lundin (Retired) offers Academy readers a special look at one of his LundinOnChapter13.com video blogs. At approximately eight minutes in, Judge Lundin details a little-known Rental Assistance program that all debtor attorneys need to be aware of and sharing with clients/potential clients.

ANNOUNCEMENTS: VIRTUAL MEETINGS OF CREDITORS AND RENTAL ASSISTANCE: The successful pandemic experiment in virtual meetings of creditors will be a permanent feature of consumer bankruptcy practice. Bankruptcy attorneys and trustees can help consumer debtors access billions of dollars in available rental assistance.

See also:

fox

Navigating Secured Creditors Who File Unsecured Chapter 13 Claims

By Eric K. Fox, Esq. (Hendersonville, TN)
What happens to a lien when a secured judgment creditor with secured treatment in the plan files an “unsecured” claim? Will the Chapter 13 Trustee object?
hud

SF Handbook

(Not password protected)
As of 10/20/21 HUD has updated the 4000.1 Single Family Housing Policy Handbook

Two ways to access:

  1. We’ve done the work for you. Click here for a PDF of the whole danged thing – all 1149 pages of it.
  2. For an electronic version click here.
barbararom

Barbara J. Rom Award

(Not password protected)
The Federal Bar Association of the Eastern District of Michigan established the Barbara J. Rom Award for Bankruptcy Excellence to honor individuals who have exhibited the highest level of overall excellence in the practice of bankruptcy law. This year’s winner is Rozanne M. Giunta.

Congratulations Rozanne!!

jackson

Judge Retires

(Not password protected)
On August 12, 2021, due to health reasons, the Honorable Cynthia Carson Jackson retired as a bankruptcy judge of the United States Bankruptcy Court for the Middle District of Florida.
ncbrc
cfpb

From the CFPB

(Not password protected)
positionsopen

Position Opening

(Not password protected)
  • NCLC – Public Interest Consumer Attorney: Predatory Lending, Banking
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
  • Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
meridethakers
IN CASE YOU MISSED IT . . .

Employment Law Alphabet Soup

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.

“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”

October 27, 2021
Archives
hildebrand

Critical Case Comment – Circuit Says No Default Cures After Month 60

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor cannot submit missed payments to the trustee after the 60-month term of the plan has ended in an effort to cure defaults.
meridethakers

Employment Law Alphabet Soup

By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
In our ongoing series for comptrollers, office managers, or anyone who runs a small business, Mr. Akers brings us a valuable resource regarding state and federal employment law.

“Employment law complaints and litigation are large and growing segments of the legal landscape. However, an employer can be protected by doing the right thing the right way.”

More from this author:

jump

Why Address Formatting Is So Important for Jurisdiction

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)
My guess is you initially saw the title of this article and promptly pressed right on past it. Who needs to learn how to properly address an envelope?
ncbrc
cfpb

From the CFPB

(Not password protected)
positionsopen

Position Opening

(Not password protected)
  • NCLC – Public Interest Consumer Attorney: Predatory Lending, Banking
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results. If you do this, be sure to include some “light” items such as recipes, exercise tips, or other life-style tips.

courtscales

From the Courts

(Not password protected)
  • Southern District MS – Effective November 1, 2021, Judge Jamie A. Wilson’s hearings will be “in-person” unless a party is notified otherwise by the Court.
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
mccormick
IN CASE YOU MISSED IT . . .

Escrow 101 and 102

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
A resource you don’t want to miss.

Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4
Click here for Escrow 102 – Part 4 of 4

Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A

October 18, 2021
Archives
hildebrand

Critical Case Comment – Discharged Junior in 7 Survives in 13

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case.
MJHayes

Practice Tips from Hon. Meredith Jury (Ret.)

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Published with the consent of the Central District Consumer Bankruptcy Attorneys Assn Newsletter, October 2021)
“Advice: look at the returns before they are sent to the trustee and get out in front of it.”
mccormick

Escrow 102 – Part 4 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
Part 4 is the conclusion to McCormick’s two-part series (Escrow 101 and 102) discussing the escrow account from start to finish including mortgage servicer’s obligations. This section looks at the shortage only arrears claim.

See also:

Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4
Click here for Escrow 102 – Part 3 of 4

Click here for Part 1 of 3 – Escrow 101 RESPA and Reg X
Click here for Part 2 of 3 – Escrow 101 What happens to escrow when a bankruptcy case is filed
Click here for Part 3 of 3 – Escrow 101 Q & A

trustee

Appointment of Chapter 13 Standing Trustee

(Not password protected)
Effective October 1, 2021, Thomas H. Hooper was appointed Chapter 13 Standing Trustee for the Northern District of Illinois, Eastern Division.

CONGRATULATIONS TOM!

ncbrc
uscourts

From the United States Courts

(Not password protected)

Chief Justice Names Conference Committee Chairs

“Bankruptcy Judge Dennis Dow (Missouri-Western) was extended for one year as chair of the Advisory Committee on Bankruptcy Rules.”

positionsopen

Position Opening

(Not password protected)
  • Judgeship – Southern District of New York (Application deadline 12/3/21)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
During these lean times for attorneys who represent debtors, if you aren’t at least blogging, you may want to think about it. By reaching out to your former clients, you can increase your client base. Think about a newsletter – either paper mail or email. You may be surprised at the results.

courtscales

From the Courts

(Not password protected)
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
  • Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Scolforo
IN CASE YOU MISSED IT . . .

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia
Attorney Scolforo brings us another great analysis of an opinion every consumer attorney needs to know about . . . A 70 year-old pro se Debtor . . . , inspired Judge Connelly . . . to issue a 31-page opinion discharging $109,983 in student loans.
October 11, 2021
Archives

The Second Monday in October
More Than a Mattress Sale

13 States Now Designate the Second Monday in October
as Indigenous Peoples’ Day or Native American Day

Scolforo

For Whom Does the Bell Toll?

By Angela M. Scolforo, Staff Attorney to Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia
Attorney Scolforo brings us another great analysis of an opinion every consumer attorney needs to know about . . . A 70 year-old pro se Debtor . . . , inspired Judge Connelly . . . to issue a 31-page opinion discharging $109,983 in student loans.
mccormick

Escrow 102 – Part 3 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick helps us to examine in detail Official Form 410A.

See also:

Click here for Escrow 102 – Part 1 of 4
Click here for Escrow 102 – Part 2 of 4

Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A

evictionban
ncbrc

Two Free Webinars

(Not password protected)
From the Academy

Gravel: So, What’s the Big Deal?

Thursday, October 14th 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific

Much is being written and discussed about an opinion out of Vermont – Gravel. Taggart, Law v. Siegel, Newrez, LLC v. Beckhart are all intertwined, but what does it mean in consumer bankruptcy? Join the Trustee in Gravel, Jan Sensenich, and Hank Hildebrand for the answers.

***********************

From the North Carolina Bar Association’s Bankruptcy Section

Light-Touch Bankruptcy by Professor Jonathan Seymour
Thursday, October 28 12:30 eastern/11:30 central/10:30 mtn/9:30 pacific

This presentation will explore Code-based ways of improving the experience of chapter 13 debtors while also reducing the workload of attorneys, trustees and judges.

ncbrc
positionsopen

Position Opening

(Not password protected)
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
  • Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
  • Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
  • Eastern District of CA – NextGen Going Live – CM/ECF will be down Thursday, 10/14/21 at 8:00 PM until Monday, October 18, 2021 at 8:00 AM
Jay-Fleischman
IN CASE YOU MISSED IT . . .

Is Your Law Practice Evolving to Incorporate New Technology

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA)
Fleischman has worked remotely for over a decade so in March of 2020, when most of the rest of us were scrambling to figure out this ‘remote’ working thing, Fleischman’s procedures didn’t change. In this article, he shares tips for making ‘remote’ work, well, work.
October 4, 2021
Archives
hildebrand

Critical Case Comment – Present Value and Attorney’s Fees

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Administrative fees and claims existing when Chapter 13 plan was confirmed would reduce the amounts received by unsecured creditors in a Chapter 7 under the “best interests of creditors test;” unsecured creditors, expected to receive payments over three years, must be paid the “present value” of that stream of payments thus requiring a Chapter 13 plan to pay interest.
Jay-Fleischman

Is Your Law Practice Evolving to Incorporate New Technology

By Jay Fleischman, Managing Attorney at Money Wise Law (Los Angeles, CA)
Fleischman has worked remotely for over a decade so in March of 2020, when most of the rest of us were scrambling to figure out this ‘remote’ working thing, Fleischman’s procedures didn’t change. In this article, he shares tips for making ‘remote’ work, well, work.
Zaharopoulos

Meet a New Trustee

(Not password protected)
Many of you may recognize the name Jack N. Zaharopoulos – he has been in the consumer bankruptcy world almost his entire career. He was appointed as the Chapter 13 Standing Trustee for the Middle District of Pennsylvania on May 1st.
mccormick

Escrow 102 – Part 2 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy. This week McCormick looks at The History of Escrow Treatment in Bankruptcy which, of course, means the case law you need to be familiar with.

See also:

Click here for Escrow 102 – Part 1 of 4

Click here for Part 1 of 3 – RESPA and Reg X
Click here for Part 2 of 3 – Analysis with Example
Click here for Part 3 of 3 – Q & A

safir

New Trustee Announced

(Not password protected)

CONGRATULATIONS ED SAFIR!!!!

As of October 1st, K. Edward Safir, is a Chapter 13 Standing Trustee for the Northern District of Georgia. He takes over in cases assigned to Nancy Whaley, Interim Chapter 13 Trustee. No, no, no. Nancy isn’t going anywhere. This is the Trusteeship vacated by Mary Ida Townson after her resignation to work with the United States Trustee Program.

Judge-Drain

Judge to Retire

(Not password protected)
The United States Bankruptcy Court for the Southern District of New York announces that Judge Robert D. Drain has declared his intention to retire on June 30, 2022.

ncbrc
Rosenthal

More Trustee Announcements

(Not password protected)
DerosaWe say good-bye to two much loved and respected Standing Trustees as they retire -Marianne Derosa and David Rosenthal. Derosa’s cases in New York will be administered by current Standing Chapter 13 Trustee, Krista Preuss. Likewise, Rosenthal’s cases will be administered by Debra L. Miller, Chapter 13 Standing Trustee for the Northern District of Indiana in South Bend.

Happy Next Chapter Marianne and David!

nactt2021

DVDs Now Available

(Not password protected)
Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!

ORDER NOW!

courthouse

Judiciary Supplements Judgeship Request, Prioritizes Courthouse Projects

(Not password protected)
“Courthouses in Hartford, Connecticut, and Chattanooga, Tennessee, have been identified as projects for which the Judiciary will request additional federal . . . the following projects have been identified as out-year courthouse priorities — Bowling Green, Kentucky; Anchorage, Alaska; McAllen, Texas; Greensboro/Winston-Salem, North Carolina; and Norfolk, Virginia.”

irs

From the IRS

(Not password protected)

Important Item from Last Week: New Contracts Awarded to Private Collection Agencies; Taxpayers May Be Contacted by One of Three Groups

  • CBE Group, Inc., Waterloo, IA
  • Coast Professional, Inc., Albion, NY
  • ConServe, Fairport, NY
positionsopen

Position Opening

(Not password protected)
  • Judgeship – Southern District of New York(Application deadline 12/3/21)
  • Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
courtscales

From the Courts

(Not password protected)
  • Western District of PA – Revised Local Rules effective 11/1 (It appears most of the changes are regarding Chpt 11; however, beginning on page 19, there may be some items consumer attorneys need to note.)
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
  • Southern District of GA – Going live on NextGen 10/12/21 – CM/ECF will be unavailable from Friday, October 8 at 5:00 PM (EST) until Tuesday, October 12
RobertThomas
IN CASE YOU MISSED IT . . .

Passing of Affable, Humanitarian Trustee

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
The bankruptcy community has lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues.
September 27, 2021
Archives
ahern

Progeny of Law v. Siegel: Sixth and Ninth Circuits Say Right to Dismiss Chapter 13 Case is Absolute, Not Qualified by Section 105

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Recent Supreme Court jurisprudence in bankruptcy has impaired the bankruptcy courts’ exercise of equitable power. In Progeny of Taggart, Larry Ahern examined two recent cases illustrating the limits emanating from In re Taggart. This week, he discusses the similar repercussions of Law v. Siegel (2014) and focuses on recent Sixth and Ninth Circuit decisions that break with the Fifth Circuit and abrogate earlier Ninth Circuit authority to say that Chapter 13 debtors’ right to dismiss their cases cannot be modified, however equitable it may seem to do so.

See also:

Rule 3002.1 Does Not Justify Punitive Sanctions

By Henry E. Hildebrand, III

 

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

By Lawrence R. Ahern III
RobertThomas

Passing of Affable, Humanitarian Trustee

By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
The bankruptcy community has lost a good friend and esteemed colleague, Robert S. Thomas II. In an effort to pay tribute to Robert, who was loved and respected by so many, The NACTT Academy is privileged to share comments, thoughts, and tributes made by Robert’s bankruptcy colleagues.
mccormick

Escrow 102 – Part 1 of 4

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
In this series McCormick discusses a mortgage servicer’s obligations with respect to the escrow account upon learning that the borrower has filed bankruptcy.

Watch for a subsequent series in which McCormick plans to discuss a mortgage servicer’s obligations during the bankruptcy case after the initial proof of claim has been filed.

See also:

Click here for Part 1 of 3 – RESPA and Reg X

Click here for Part 2 of 3 – Analysis with Example

Click here for Part 3 of 3 – Q & A

YvonneValdez

New Trustee Announced

(Not password protected)
CONGRATULATIONS YVONNE VALDEZ!!!!

The EOUST has appointed Yvonne V. Valdez of Houston as the new Chapter 13 Standing Trustee for the Southern District of Texas effective November 1. She replaces retiring Cindy Boudloche. We will miss you Cindy! If Yvonne’s name is familiar to you, it is because she has served as staff attorney to Trustee Bill Heitkamp for five years.

nactt2021

DVDs Now Available

(Not password protected)
Weren’t able to attend the NACTT annual conference in Washington, DC? You can still get all the educational benefit for only $150!!

ORDER NOW!

bankruptcywebinar

Bankruptcy Webinar

On September 29th the American College of Bankruptcy Third Circuit Fellows, Rutgers Institute for Professional Educationwill present a webinar: Splits and Confounding Issues Destined for the Supreme Court

Click here for more information.

irs

From the IRS

(Not password protected)
New Contracts Awarded to Private Collection Agencies; Taxpayers May Be Contacted by One of Three Groups

  • CBE Group, Inc., Waterloo, IA
  • Coast Professional, Inc., Albion, NY
  • ConServe, Fairport, NY
positionsopen

Position Opening

(Not password protected)
  • Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
  • District of RI – Going live on NextGen 10/4/21 – CM/ECF will be unavailable from Friday, October 1 at 6:00 PM until approximately 8:00 AM on Monday October 4
amyx
IN CASE YOU MISSED IT . . .

When Wishes Come True

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia

If you don’t know the Chapter 13 Trustee for West Virginia, you are missing out! Trustee Morris has a sense of humor like no other and truly has some unique case situations in her jurisdiction.

Like most trustees, Trustee Morris was wishing for new cases – perhaps too enthusiastically as this article reveals.

More from this author:

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

Debtor Math – If you young’uns have never seen this YouTube clip, it is worth 2-1/2 minutes of your day!

More – On Debtor Math

September 20, 2021
Archives
hildebrand

Rule 3002.1 Does Not Justify Punitive Sanctions

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
In order for a bankruptcy court to impose sanctions for contempt, Taggart compels a finding of a violation of a clear and unambiguous order; the bankruptcy court lacks inherent power to issue punitive sanctions under Rule 3002.1.

See also:

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)
mccormick

Escrow 101 – Part 3 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
We continue our series of articles detailing the ins and outs of escrow analysis. In Part 3, McCormick anticipates questions you will have and answers them.

Click here for Part 1 of 3 – RESPA and Reg X

Click here for Part 2 of 3 – Analysis with Example

amyx

When Wishes Come True

By Helen M. Morris, Chapter 13 Standing Trustee for the Northern and Southern Districts of West Virginia
If you don’t know the Chapter 13 Trustee for West Virginia, you are missing out! Trustee Morris has a sense of humor like no other and truly has some unique case situations in her jurisdiction.

Like most trustees, Trustee Morris was wishing for new cases – perhaps too enthusiastically as this article reveals.

More from this author:

I Win. I Win. Trustee Holds Record for Having the Oldest Open Chapter 13 Case

Debtor Math – If you young’uns have never seen this YouTube clip, it is worth 2-1/2 minutes of your day!

More – On Debtor Math

khorrami

New Judge

(Not password protected)
evictionban

Eviction Ban

(Not password protected)
The National Eviction Ban Is Over – But renters still can’t be forced out in these states
puertoricojudge

New Judge for Puerto Rico

(Not password protected)
1st Circuit Names María de los Ángeles González-Hernández Judge

The 1st U.S. Circuit Court of Appeals announced that María de los Ángeles González-Hernández has been selected to fill the vacancy on the U.S. Bankruptcy Court for the District of Puerto Rico. González-Hernández will be appointed to the bench upon FBI clearance. (The rest of this story is behind a paywall at Massachusetts Lawyers Weekly)

ncbrc

From NCBRC

(Not password protected)
Panel Affirms Reduced Attorney Fees (Chpt 7 case but of interest to all debtor attorneys)

evictionmoratorium
positionsopen

Position Opening

(Not password protected)
  • Chapter 7 Panel Trustee – Northern District of Indiana – Hammond and South Bend Divisions (Application deadline 10/18/21)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
  • District of MD – Proposed Changes to Local Rules – Deadline for Comment 11/1/21
  • District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
  • Northern District of OK – NextGen going live. CM/ECF will be down from Friday, 9/24/21 at 11:00 AM (CDT) through Monday, 9/27/21 at 8:00 AM
hildebrand
IN CASE YOU MISSED IT . . .

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate.
September 13, 2021
Archives
ahern

Progeny of Taggart: In re Gravel and Newrez, LLC v. Beckhart

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
The Supreme Court’s 2019 opinion in Taggart v. Lorenzen is limiting not only the contempt powers of the bankruptcy courts in cases of discharge-injunction violations but also their equitable powers more broadly. This week, Larry Ahern considers two such recent decisions, In re Gravel and Newrez, LLC v. Beckhart, from the Second Circuit and the Eastern District of North Carolina, respectively.
mccormick

Escrow 101 – Part 2 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
We continue our series of articles detailing the ins and outs of escrow analysis. In Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. In this, Part 2, he looks at the actual analysis with examples.

Click here for Part 1 of 3

kathysurratt-states

Meet a Chief Judge

(Not password protected)
evictionban

Eviction Ban

(Not password protected)
ncbrc

From NCBRC

(Not password protected)
evictionmoratorium
irs

From the IRS

(Not password protected)
judicialconf

From the Judicial Conference Committee

(Not password protected)
The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87; and
  • Evidence Rules 106, 615, and 702.

Click here for the current version.

Click here for the Current Bankruptcy Forms

Click here for the Draft Proposed Amendments

Comments due by 2/16/22.

courtscales

From the Courts Extra

(Not password protected)
Correcting Malformed PDFs

Although this was put out by the Western District of Texas, it seems to be applicable CM/ECF systemwide.

positionsopen

Position Opening

(Not password protected)
studentloanchronicles

Student Loans Chronicles

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
Too many policy changes to list so be sure to check the Court’s mask/vaccination/negative COVID test policy before heading into any Federal Building!

  • District of AZ – 9/30/21 Deadline for Submitting Proposed Amendments to the Local Rules
  • District of RI – Going live on NextGen 10/4/21 – Going live on NextGen 10/25/21
  • Western District of TX – Due to maintenance involving the installation of NextGen CM/ECF versions 1.6, 1.6.1 and 1.6.2 (11/1/21 – go live date), the system will be unavailable for filing, as well as access to PACER and VCIS for queries, between 10 am Sept. 18, and 10 am on Sept. 9.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
  • ‘The Theft was Fatal’: Employee used 189 credit-card refunds to embezzle nearly $200,000 — bankrupting packaging firm
amyx
IN CASE YOU MISSED IT . . .

When the Trustee Gets Subpoenaed

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)
“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”
September 6, 2021
Archives

cmoran

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.” Fee app is not a bad word! Originally posted 5/17/21
mccormick

Escrow 101 – Part 1 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)

This week we begin a series of articles detailing the ins and outs of escrow analysis. In this Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. This is a detailed analysis you will want to not only review but hang on to.

Watch for Part 2 of 3 next week!

ahern

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern starts by summarizing In re Anderson, a March 1 opinion from the Ninth Circuit, and the First Circuit’s In re Rockwell decision, which the Supreme Court declined to review on February 22. In this Part 1, he considers how and why the circuits are finding the petition date determinative of the exempt status of assets (the “snapshot” rule). In Part 2, he will ask when future cases, especially those involving different circumstances, may not apply the rule. Originally posted 3/15/21.

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances. Originally posted 4/5/21
paulbonapfel

Of Interest to, Well, Everyone

(Not password protected)
GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13) Really. You gotta read this one! Originally posted 3/8/21.
cmoran

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.” Originally posted 5/3/21
evictionban

Eviction Ban

(Not password protected)
Supreme Court Blocks Biden Administration’s Eviction Moratorium – “Congress never gave the CDC the staggering amount of power it claims,” a group of landlords argued.
judicialconf

From the Judicial Conference Committee

(Not password protected)

The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87; and
  • Evidence Rules 106, 615, and 702.

Click here for the current version.

Click here for the Current Bankruptcy Forms

Click here for the Draft Proposed Amendments

Comments due by 2/16/22.

evictionmoratorium
positionsopen

Position Opening

(Not password protected)
  • Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
courtscales

From the Courts

(Not password protected)
August 30, 2021
Archives
mccormick

Escrow 101 – Part 1 of 3

By Michael J. McCormick, Esq., McCalla Raymer Leibert Pierce, LLC (Roswell, GA)
This week we begin a series of articles detailing the ins and outs of escrow analysis. In this Part 1, McCormick looks at RESPA and Reg X, along with initial and annual escrow statements. This is a detailed analysis you will want to not only review but hang on to.
evictionban

Eviction Ban

(Not password protected)

Big News of the Week . . .

Supreme Court Blocks Biden Administration’s Eviction Moratorium – “Congress never gave the CDC the staggering amount of power it claims,” a group of landlords argued.

judicialconf

From the Judicial Conference Committee

(Not password protected)

The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87; and
  • Evidence Rules 106, 615, and 702.

Click here for the current version.

Click here for the Current Bankruptcy Forms

Click here for the Draft Proposed Amendments

Comments due by 2/16/22.

evictionmoratorium
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
  • Staff Attorney – Middle District of Alabama – Office of the United States Bankruptcy Administrator– Application due date 9/10/21
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
hildebrand
IN CASE YOU MISSED IT . . .

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate.
August 23, 2021
Archives
cmoran

Are Your Loyalties Divided?

By Cathy Moran, Esq., (Redwood City, CA)

“Anytime there are two people sitting across from you, you have a conflict of interest.”

One of Attorney Moran’s best! How much thought do you give to the seemingly happily married couple sitting across from you? What is the likelihood of separation or divorce? This concise article looks at the potential conflicts of interest.

hildebrand

When (or Not) Is the Best Interests of Creditors Test Applicable in a Modified Plan?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While the best interests of creditors test is applicable upon modification of a Chapter 13 plan, post-petition acquired property of the estate is not included in such analysis in that such property would not be property of a Chapter 7 estate.
judicialconf

From the Judicial Conference Committee

(Not password protected)

The Federal Rules of Bankruptcy Procedure (eff. Dec. 1, 2020) govern procedures for bankruptcy proceedings. For many years, such proceedings were governed by the General Orders and Forms in Bankruptcy promulgated by the Supreme Court. By order dated April 24, 1973, effective October 1, 1973, the Supreme Court prescribed, pursuant to 28 U.S.C. § 2075, the Bankruptcy Rules and Official Bankruptcy Forms, which abrogated previous rules and forms. Over the years, the Bankruptcy Rules and Official Forms have been amended many times, most recently in 2020.

On 6/22/21 The Judicial Conference Committee on Rules of Practice and Procedure approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87; and
  • Evidence Rules 106, 615, and 702.

Click here for the current version.

Click here for the Current Bankruptcy Forms

Click here for the Draft Proposed Amendments

Comments due by 2/16/22.

houserace

Oh My Goodness

(Not password protected)
evictionban
ncbrc
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
  • Staff Attorney – Middle District of Alabama – CORRECTION. This position is for a staff attorney position in the office of the United States Bankruptcy Administrator for the Middle District of Alabama in Montgomery. We apologize that we erroneously ran this as an opening in the Chapter 13 Trustee’s office – Application due date 9/10/21
evictionban
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
rapoport
IN CASE YOU MISSED IT . . .

Ms. Ps & Qs

By Nancy B. Rapoport,Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
Ms. Ps & Qs has a great answer for us: What should you do when your “Spidey sense” tells you that your client might have diminished capacity?
August 16, 2021
Archives
amyx

When the Trustee Gets Subpoenaed

By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)
“. . . debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance?”
rapoport

Ms. Ps & Qs

By Nancy B. Rapoport,Garman Turner Gordon Professor of Law, Boyd School of Law, and Affiliate Professor of Business Law & Ethics, Lee Business School, William S. Boyd School of Law, University of Nevada, Las Vegas
Ms. Ps & Qs has a great answer for us: What should you do when your “Spidey sense” tells you that your client might have diminished capacity?
evictionban
cfpb

From the CFPB

(Not password protected)
  • CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:
    • On or before June 17, 2021, then June 19 was a business day.
    • After June 17, 2021, then June 19 was a federal holiday.
irs
positionsopen

Position Opening

(Not password protected)
  • Standing Chapter 13 Trustee – Northern District of Texas (Abilene, Amarillo, Lubbock, San Angelo and Wichita Falls Divisions) – Application due date 9/1/21
evictionban
studentloanchronicles

Student Loans Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)

***************************

Proposed Amendments

The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87;
  • New Criminal Rule 62; and
  • Evidence Rules 106, 615, and 702.

Comment period – 8/6/21 to 2/16/22

righttodismiss
IN CASE YOU MISSED IT . . .

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

By Academy Staff
“Does a Debtor have a right to dismiss a Chapter 13 case where Debtor has been acting in bad faith?”
August 9, 2021
Archives
hildebrand

Who Gets the Trustee’s Fee?

By Henry E. Hildebrand, III, Chapter 13 Trustee, Middle District of TN (Nashville)
An important new decision out of the 9th Circuit BAP wherein a Chapter 13 trustee is not compelled to return the percentage fee taken from a Chapter 13 case when the case is dismissed prior to confirmation.
williambrown

Senate Judiciary Committee Hearing on Student Loansand Act Introduced by Senators Durbin and Cornyn

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc.

“The proposed Act . . . would strike current section 523(a)(8), replacing it with the same undue hardship provision for educational benefits or loans made, insured or guaranteed by governmental units or nonprofit institutions, or in the alternative such loans would be dischargeable ten years after the first payment on the loan became due.”

See also:

Thoughts on Student Loans and the FRESH Start Act

righttodismiss

Absolute Right to Dismiss? Sixth Circuit Says “Yes”

By Academy Staff
“Does a Debtor have a right to dismiss a Chapter 13 case where Debtor has been acting in bad faith?”
fha

Federal Housing Administration Extends Single Family Eviction Moratorium

(Not password protected)
July 30, 2021,announcement extends the eviction moratorium through September 30 for foreclosed borrowers and other occupants and notes expiration of the foreclosure moratorium on July 31.
cfpb

From the CFPB

(Not password protected)

Just out . . . CFPB Issues Interpretive Rule on Certain Mortgage and Disclosure Timing Requirements for the 2021 Juneteenth Federal Holiday – Because the Juneteenth National Independence Day Act was signed into law two days before the newly created holiday on June 19, many participants in the mortgage industry reported being unsure of how to treat the day for purposes of regulatory compliance. . . . For rescission of closed-end mortgages and TILA-RESPA Integrated Disclosures, whether June 19, 2021, counts as a business day or federal holiday depends on when the relevant time period began. If the relevant time period began:

  • On or before June 17, 2021, then June 19 was a business day.
  • After June 17, 2021, then June 19 was a federal holiday.
irs
subchapterv
evictionban
chart

AACER U.S. Bankruptcy Statistics and Trends

(Not password protected)
This interactive map displays cumulative U.S. bankruptcy filings by state for Chapter 7, Chapter 11 and Chapter 13 cases. Filings include both commercial and non-commercial (individual consumer) bankruptcy petitions.
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)

***************************

Proposed Amendments

The Judicial Conference Committee on Rules of Practice and Procedure (Standing Committee) approved publication of proposed amendments to the following:

  • Appellate Rules 2 and 4;
  • Bankruptcy Restyled Rules for the 3000 to 6000 Series; Rules 3002.1, 3011, and 8003; and new Rule 9038;
    • Official Bankruptcy Forms 101, 309E1, 309E2, and 417A; and new Official Forms 410C13-1N, 410C13-1R, 410C13-10C, 410C13-10NC, and 410C13-10R;
  • Civil Rules 15, 72, and new Rule 87;
  • New Criminal Rule 62; and
  • Evidence Rules 106, 615, and 702.

Comment period – 8/6/21 to 2/16/22

hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Something for everyone in this decision . . . In a dismissed but reinstated case, should the bar date be extended for the benefit of creditors? “Once again, . . . case demonstrates to creditors that if you snooze, you lose.”
August 2, 2021
Archives
cmoran

Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim

By Cathy Moran, Esq., (Redwood City, CA)
Barnes was a Chapter 11. What relevance does it have in Chapter 13? Just this: it reminds us that the assessable taxes are an undeconsidered invitation to malpractice . . .”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
In a dismissed but reinstated case, should the bar date be extended for the benefit of creditors? “Once again, . . . case demonstrates to creditors that if you snooze, you lose.”
fha

Federal Housing Administration Extends Single Family Eviction Moratorium

(Not password protected)
Today’s (7/30/21) announcement extends the eviction moratorium through September 30 for foreclosed borrowers and other occupants and notes expiration of the foreclosure moratorium on July 31.
cfpb

From the CFPB

(Not password protected)
  • CFPB Confirms Effective Date for Debt Collection Final Rules – CFPB announced that two final rules issued under the Fair Debt Collection Practices Act (FDCPA) will take effect as planned, on November 30, 2021. The CFPB issued a proposal in April 2021 that, if finalized, would have extended the effective dates to January 29, 2022. The CFPB has now determined that such an extension is unnecessary. Following this announcement, the CFPB will publish a formal notice in the Federal
irs
ncbrc
jets

Just For Our Military

VA Partial Claim ProgramThis is new. Have you heard of it?

The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.

subchapterv
evictionban
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
courtscales

From the Courts

(Not password protected)
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important new case regarding ‘student’ loans. Are private educational loans automatically excepted from discharge by § 523(a)(8)?
July 26, 2021
Archives
ahern

“Stripping” Residential Mortgages and the Effect of 11 U.S.C. § 1111(b) – Part 2 Eleven Eleven What?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

This week, Larry Ahern concludes his two-part review of “lien stripping.” The initial focus of his analysiswas to explore recent legislation that makes it easier for some individuals, especially farmers or small business owners, to modify residential mortgages, with special emphasis on the Small Business Reorganization Act of 2019. He also made some suggestions for tactics to consider before and during bankruptcy. He now concludes with an analysis of whether and how subsection 1111(b) may reinforce the residential lender’s position in a case under subchapter V of Chapter 11 and recent cases that have struggled over the issue.

Click here for Part 1 Strategies in Modification of Residential Mortgages

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
An important new case regarding ‘student’ loans. Are private educational loans automatically excepted from discharge by § 523(a)(8)?
meridethakers

Beyond Professional Ethics

By Merideth Akers, CPA, PHR, Comptroller forBradford W. Caraway (Birmingham, AL)

Continuing with our quarterly series directed to staff, Mr. Akers, very eloquently speaks to everyone – attorneys, trustees, CPAs, PHRs, Paraprofessionals, and clerical staff – from the new hire to the 30 year veteran employee.

“Being truthful is a valuable ethic that can actually help work be completed more quickly and in a quality manner.”

jets

Just For Our Military

VA Partial Claim ProgramThis is new. Have you heard of it?

The VA Partial Claim Payment is a temporary program that is intended to assist Veteran borrowers specifically impacted by the COVID-19 pandemic to resume making their regular (pre-COVID) mortgage payments after exiting forbearance. VAPCP will only be available from July 27, 2021 through October 28, 2022.

bonapfel

Sub Chapter V

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

A Guide to the Small Business Reorganization Act of 2019

Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide.

The title page indicates the sections in which material revisions and additions occur.

foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
openposition

Position Vacancies

(Not password protected)
courtscales

From the Courts

(Not password protected)
jump
IN CASE YOU MISSED IT . . .

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)
“If the Court does not have jurisdiction, then the orders it issues are ineffective as to the relief requested. Your client will not be happy about that. Nor will the Court. Of course, the creditor will be ever in your debt for ensuring that they were not bound to the order by the Bankruptcy Court.”
July 19, 2021
Archives
ahern

A Review of Residential Mortgage “Stripping,” Recent Developments and the Effect of 11 U.S.C. § 1111(b) – Part 1 Strategies in Modification of Residential Mortgages

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week Ahern begins a two-part review of the power of an individual to alter the terms of a residential mortgage, among other liens. The primary focus of his analysis is to explore recent legislation that makes it easier for some individuals, especially farmers and small business owners, to modify residential mortgages, with special emphasis on the Small Business Reorganization Act of 2019 (SBRA). He makes some suggestions for small business debtors to consider before and during bankruptcy and will conclude in Part 2 with a description of the arcane topic of subsection 1111(b).
jump

The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents

By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA)
“If the Court does not have jurisdiction, then the orders it issues are ineffective as to the relief requested. Your client will not be happy about that. Nor will the Court. Of course, the creditor will be ever in your debt for ensuring that they were not bound to the order by the Bankruptcy Court.”
gavel

Regarding the Judiciary

(Not password protected)
bonapfel

Sub Chapter V

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

A Guide to the Small Business Reorganization Act of 2019

Judge Bonapfel has again edited/supplemented his SBRA materials as of July 12, 2021. Click here for the entire Guide – FREE.

The title page indicates the sections in which material revisions and additions occur.

evictionban
cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

foreclosure
A popular item from last week. . .

Foreclosure Ban

(Not password protected)
ncbrc
openposition

Position Vacancies

(Not password protected)
courtscales

From the Courts

(Not password protected)
gendron
IN CASE YOU MISSED IT . . .

The Kill Switch and The Stay

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

“There are not many reported bankruptcy decisions regarding the use of kill switches.”

More from this author:

July 12, 2021
Archives
gendron

The Kill Switch and The Stay

Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

“There are not many reported bankruptcy decisions regarding the use of kill switches.”

More from this author:

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
A prior servicer of a mortgage claim subsequently transferred to another servicer could be held liable if the transferor servicer provided inadequate or incorrect information to the transferee.

Appointment of New Bankruptcy Judge

(Not password protected)
The Honorable Jamie A. Wilson has been appointed as bankruptcy judge in the Jackson office of the United States Bankruptcy Court for the Southern District of Mississippi. Judge Wilson has been assigned all active cases previously assigned to retired United States Bankruptcy Judge Neil P. Olack.
cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

foreclosure
ncbrc

From NCBRC

(Not password protected)
openposition

Positions Open

(Not password protected)
courtscales

From the Courts

(Not password protected)
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same or similar work.
July 5, 2021
Archives

Happy Birthday
America

americanflag

Due to the holiday, we bring you an abbreviated update.
But we did want you to know that the
FINAL Mortgage Servicing Rule is out

cfpb

Final Mortgage Servicing Rule

(Not password protected)

On June 23, 2020, the CFPB published an Interim Final Rule regarding loss mitigation requirements during the COVID-19 emergency.

On June 28, 2021, they issued the 2021 Mortgage Servicing COVID-19 Final Rule

Click here for an Executive Summary

Click here for an Unofficial Redline

From JDSupra: Detailed Breakdown of the CFPB’s COVID-19 Mortgage Servicing Final Rule

studentloanchronicles
Very popular item from last week

Student Loans and the Supreme Court

(Not password protected)
  • That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
openposition

Positions Open

(Not password protected)
courtscales

From the Courts

(Not password protected)
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors. (Somers) In re Kane, 603 B.R. 491 (Bankr. C.D. Kan. June 18, 2019)
June 28, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
It constitutes an unfair discrimination, violative of 11 U.S.C. § 1322(b)(1), for a Chapter 13 plan which would pay more to a student loan than to the remaining general unsecured creditors.
MJHayes

Remember, Landlords Are Sacred Cows in Bankruptcy

By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021)
“ . . . most common complaint is the landlord. These days the callers tell me they are a few months behind on the rent.”
phillamos

Phil Lamos – Humble Sage

We at ConsiderChapter13.org are deeply saddened by the loss of one of our own. Phillip D. Lamos was a quiet, humble man. He loved his family, loved the law, and loved to serve others.
studentloanchronicles

Student Loans and the Supreme Court

(Not password protected)
  • That’s a Brunner, Man. Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy
foreclosureban

Foreclosure Ban Extended

(Not password protected)
Biden Renews Foreclosure Ban One Last Time – Foreclosure, eviction protections to remain in place through the end of July
act12

ACT 12 (Association of Chapter 12 Trustees)

(Not password protected)
ACT 12 has a really cool new website. Not only a new website but they have just posted a video – Intro to Chapter 12. Check it out!!

NACTT LIVE! July 7-10 – Still time to register with no late fee!!

Don’t Miss the Fun – Register NOW

Click here for the Program

Click here for the In-Person Registration NOW!

Not yet ready/can’t travel, the conference is being offered virtually.

cfpb

“Business Day”

(Not password protected)

CFPB Issues Statement on Juneteenth Bill Truth in Lending Act Issue (You need to read this one . . . regarding “business day” under Regulation Z)

openposition

Positions Open

(Not password protected)
irs
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
cmoran
IN CASE YOU MISSED IT . . .

List It or Lose It: When Actual Knowledge Isn’t Enough

By Cathy Moran, Esq., (Redwood City, CA)
To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B.
June 21, 2021
Archives
cmoran

List It or Lose It: When Actual Knowledge Isn’t Enough

By Cathy Moran, Esq., (Redwood City, CA)
To actually effect abandonment of unadministered assets in a bankruptcy case, the asset in question must appear on Schedule A/B.
selwyn

Helping Our Clients Stay Afloat and Get Past the Covid-19 Tsunami

By Selwyn D. Whitehead, Esq. (San Francisco, CA)
The article discusses some of the tactics available, including bankruptcy, that can be used by business owners, especially restaurateurs, who have been negatively impacted by governmental shutdowns this past year due to Covid-19. First published on CorporateLiveWire, May 2021

NACTT ANNUAL CONFERENCE LIVE! July 7-10

(Not password protected)

D.C. IS OPEN!! The program is phenomenal. BE THERE!

Along with the trial skills presentations and the ever popular Case Law Update, Keeping the Home and Paying the Mortgage Creditor won’t be just another mortgage panel – it will be cutting edge with information you will hear first at NACTT!

For anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

kressel

Judge Retires

(Not password protected)
mcafee

New Judge Announced

(Not password protected)
michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan on July 19th.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

More Than a Third of Volunteers in a Consumer Reports Study Found Errors in Their Credit Reports – Here’s how to find and fix mistakes and avoid paying for a ‘free’ report

tavera
IN CASE YOU MISSED IT . . .

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
June 14, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville)
In awarding attorneys’ fees in a Chapter 13 case, a court is not limited to establishing the fee by use of the lodestar method; fees for services rendered should be based on the reasonable and customary fees charged by other attorneys performing the same or similar work.
tavera

Objections to Claims: Two of These Creditors Are Not Like the Others

By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo)
This exceptional article is a case summary of In re Nicolaus and how it is helpful in determining proper service under 3007(a)(2)(A)(i). Attorney Tavera also discusses amendments to 3007(A)(2)(A)(ii) that become effective 12/1/2021.
kennethstill

Passing of a Legend

By Kara L. West, CPA, Chapter 12/13 Standing Trustee for the Eastern District of Tennessee (Chattanooga); Successor Trustee to C. Kenneth Still
C. Kenneth Still was a legend. Always with Barbara at this side, he epitomized qualities I think we all seek—honesty, diligence, kindness, and patience. He was a great mentor and a quick wit, and I miss him already.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)

changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Wanna head back to live court with better trial skills? THREE hours of trial skills at no additional cost! Not interested in how to properly introduce evidence, Don’t Forget Me! has you covered. A panel of the best of the best discussing a myriad of issues – confirmation, post-confirmation, and even post-discharge along with vesting and more.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

michiganmap

Free On-Line Seminar

(Not password protected)
U.S. Trustee for the Western District of Michigan and Chapter 13 Trustee Barbara Foley are pleased to present a free seminar for the benefit of the Bar of the Western District of Michigan.
rucker

Then & Now: Rucker ‘At Home’ As New Federal Bankruptcy Judge

(Not password protected)
In April, the Eighth Circuit Court of Appeals appointed Fayetteville attorney Bianca Rucker to a 14-year term as Arkansas’ newest federal bankruptcy judge.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? JOIN NOW.

openposition

Position Postings

(Not password protected)

Trusteeship

Law Clerk

studentloanchronicles

Student Loan Chronicles

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
mccarty
IN CASE YOU MISSED IT . . .

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)

In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

June 7, 2021
Archives
brian lynch

Measuring Success in Chapter 13: Five Years Later

By The Honorable Brian D. Lynch, United States Bankruptcy Judge, Western District of Washington

“Five years ago, I wrote an article for this publication,‘Measuring Success in Chapter 13,’ where I criticized some media and academics for repeating an outdated and misleading statistic about the success of chapter13 cases.”

It appears this statistic is STILL being quoted. Here, Judge Lynch sets the record straight.

mccarty

A Consideration of Employer Required COVID-19 Vaccinations

By Mark T. McCarty, Chapter 13 Standing Trustee for the District of Arkansas (North Little Rock)

In a recent edition of The NACTT Quarterly, Trustee McCarty looks in detail at the legalities of employers requiring employees to receive vaccinations.

Special thank you to NACTT and The NACTT Quarterly, May/June/July 2021, Vol. 33, No. 3.

NACTT ANNUAL CONFERENCE LIVE!

(Not password protected)

changeThe National Association of Chapter 13 Trustees is incredibly proud to announce that its annual conference in our nation’s capital will be presented LIVE. Yes, LIVE – as in attendees actually in the audience and speakers actually on the stage – July 7-10.

The program is phenomenal – click here to check it out.

Of course, for anyone who is not yet ready/can’t travel, the conference is being offered via live stream and/or recordings.

Click here for the LIVE Registration NOW!

change

Conflict Avoidance

(Not password protected)

Understanding your colleagues and/or co-workers, and even yourself, can help ease conflicts.

Does it drive you crazy when people don’t honor ‘your’ time? Or, are you confused when you are ONE MINUTE late and someone is really ticked off about it!

Understanding personality types can help people described in either of these questions. Meeting Time is a short, easy read but a GREAT reminder that we are all different.

cosetti

Passing of Big Picture Thinker

(Not password protected)
Joseph L. Cosetti, Bankruptcy Court Judge Who Also Served as Pittsburgh Treasurer for 7 Years
stuartgold

Passing of Stuart Gold

(Not password protected)
Long-time respected member of the New Jersey bankruptcy bar and adjunct professor passed away 5/30.
creditunion

Webinar Recording Now Available

Credit Union Issues in Chapter 13

Join an esteemed panel for a detailed discussion regarding the nuances of working with credit union loans in Chapter 13 cases. Panel includes: The Honorable Brian Lynch, Bankruptcy Judge, Western District of Washington; Chapter 13 Standing Trustee Beverly Burden, Eastern District of Kentucky; and Miles D. Monson, Monson Law Firm, Beaverton, Oregon. Atty Monson regularly represents credit unions.

The webinar is available free to all active subscribers to ConsiderChapter13.org. Not a subscriber? Join NOW.

irs

From the IRS

(Not password protected)

Looking Ahead: How the American Rescue Plan Affects 2021 Taxes: Part 1 and Part 2 (Not sure how much this matters but it appears there is money your clients could be leaving on the table – even EITC for people who don’t have children.)

A popular item from 5/246 Million Tax Returns Are ‘In Suspension’ at the IRS, and That’s Preventing Many Families from Receiving Valuable Tax Credit

openposition

Position Postings

(Not password protected)

Trusteeship

Law Clerk

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern
IN CASE YOU MISSED IT . . .

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
May 31, 2021
Archives

memorialday

As we remember those who have served, we at
ConsiderChapter13.org are taking a much needed break.
We hope that you will take this opportunity to catch up on the
many excellent articles and/or
webinars for which
you’ve been trying to find time.

We are already working on an exciting new update for June 7th.

May 24, 2021
Archives
ahern

Bankruptcy Court Broadly Interprets “Engaged in Business” Requirement for Subchapter V Eligibility

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern revisits the SBRA, as modified by the CARES Act, and examines In re Ikalowych, an opinion interpreting debtors’ eligibility for subchapter V of Chapter 11 in a way that could make Chapter 11 accessible for more debtors who are “engaged in commercial or business activities.”
gustafson

What the FICO? Reaffirming Doesn’t Help My Credit Score?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo)

The fact that reaffirmation decisions are subject to more variables doesnot mean attorneys can just “go along” with Debtors – at least under Anzaldo, debtors’ attorneys need to stay informed and have a sound basis for signing off on the “attorney certification”.

See also:

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

change

Chapter 13 Trustee Change

(Not password protected)
Annemarie B. Mathews to replace retiring chapter 13 standing trustee Wm. Keenan Stephenson, Jr.
evictionnotice

Eviction Ban

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

irs
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
E.D. of Michigan – Application deadline 5/28/21
Northern District of OH
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

FEMA Offers Financial Assistance for COVID-Related Funeral Expenses

The Benefits Division would like to make sure all are aware that under the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 and the American Rescue Plan Act of 2021, FEMA is providing financial assistance for COVID-19 related funeral expenses incurred after January 20, 2020. This assistance is available to any eligible individuals, not just federal employees.

cmoran
IN CASE YOU MISSED IT . . .

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)

“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”

(Be sure to note the reinforcing comment from a Bankruptcy Judge at the end of this article.)

May 17, 2021
Archives
cmoran

Tell the Story

By Cathy Moran, Esq., (Redwood City, CA)
“. . . until judges develop an appreciation about how hard the consumer practice is, we will continue to be underpaid.”
williambrown

From the Editor – Claims

By The Honorable William Houston Brown (Retired)
legislationupdate

Legislation Update

(Not password protected)

New Paper from Yale Law Review

(Not password protected)

Bankruptcy Grifters

Grifters take advantage of situations, latching on to others for benefits they do not deserve. Bankruptcy has many desirable benefits, especially for mass tort defendants. Bankruptcy provides a centralized proceeding for resolving claims, making it a forum of last resort for many companies to aggregate and resolve mass tort liability. For the debtor-defendant, this makes sense. A bankruptcy court’s tremendous power represents a well-considered balance between debtors who have a limited amount of money and many claimants seeking payment. (Seems to be more Chapter 11 related.)

schmetterer

Illinois Judge Retires

(Not password protected)
openposition

Position Postings

(Not password protected)
Trusteeship
Northern District of Georgia, Atlanta and Rome Divisions – Application deadline 6/15/21Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Law Clerk
United States Bankruptcy Court for the E.D. of Michigan
tulsamassacre

From the Courts Extra

(Not password protected)
Northern District of OK – Court and The Federal Building shall be closed for business on Friday, May 28, 2021, in observance of the Tulsa Race Massacre
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
ahern
IN CASE YOU MISSED IT . . .

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
May 10, 2021
Archives
resnick

Assumption of Auto Lease in Chapter 7 Requires No Court Approval Says the 9th Circuit: In re Bobka

By Matthew D. Resnik, Resnik Hayes Moradi, LLP (Encino, CA)
In Bobka v. Toyota, the chapter 7 debtor wanted to retain her leased Toyota. Toyota sent her an “assumption agreement” which she signed and returned to Toyota the day before she received her discharge. . . . The debtor later decided to return the Toyota who immediately began “collection efforts”. .
ahern

Bankruptcy Court Finds Jurisdiction to Hear Discharge-Injunction Violation Class Action

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern examines In re Ajasa, an opinion rendered in a nationwide class action based on alleged discharge-injunction violations. Larry clarifies the relatively narrow but important jurisdictional issue addressed in this case, explains the outcome and concludes with an observation about one of its broader implications. Look for other discussions of discharge violations, debt reporting and class actions in this space.
hildebrand

CARES Act Financial Hardship ‘Laundry List’

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
During the Academy webinar The CARES Act – Impacts on Chapter 13 on April 2, 2020, the panel – Judge Wm. Houston Brown (Retired), Amanda DeBerry and Henry Hildebrand – referred to the importance of detailing the reasons for modifications or suspensions to be related to financial hardship stemming from the COVID-19 pandemic. The bankruptcy section of the CARES Act does not detail what would constitute a coronavirus related financial hardship. The statute only says: “the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease (COVID-19) pandemic” . . .In this article, Hildebrand outlines what constitutes a pandemic related financial hardship.Not a ConsiderChapter13.org subscriber? Join NOW.
clarencethomas

In the “Just Plain Interesting” Category

(Not password protected)
pulseevent

Registration for Online Event

(Not password protected)
cfpb

On the CFPB

(Not password protected)
  • Making Ends Meet Series: Consumer Use of Payday, Auto Title, and Pawn Loans – In a new report in the CFPB’s Making Ends Meet series, we find that consumers who use a payday, auto title, or pawn loan in one year are often still using that type of loan a year later. Some users of these services have lower cost credit available on credit cards, while others lack access to traditional credit. Among payday, auto title and pawn loan borrowers who experience significant financial shocks, the costs of these shocks often exceed other possible sources of funds.

Two important items from last week . . .

paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)
Judge Bonapfel has again edited/supplemented his SBRA materials. Click here for the entire Guide – FREE.The supplemental materials are in Part XV and is designed as a “pocket part.”As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.
evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran
IN CASE YOU MISSED IT . . .

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
May 3, 2021
Archives
cmoran

Parker, HOA, and Sanctions – Multiple Thrills to a Bankruptcy Lawyer’s Heart

By Cathy Moran, Esq., (Redwood City, CA)
“. . . stamping the payment demands as “For Information Only” didn’t save the day for the HOA.”
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses.
pulseevent

Registration for Online Event

(Not password protected)
mailbox
paulbonapfel

Sub Chapter V

(Not password protected)

A Guide to the Small Business Reorganization Act of 2019

By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs

From the IRS

(Not password protected)
Popular item from last week Why Tax Refunds Are Taking Longer Than Usual (Article starts out somewhat elementary but then provides some useful information.)
ncbrc

From NCBRC

(Not password protected)

Debtor Loses the Battle but Wins the War – Confirmed plan binds county tax creditor even though plan did not provide for the interest claimed in its post-confirmation proof of claim where the county had notice of the plan and failed to object to confirmation. In re Bird, 624 B.R. 841 (Bankr. N.D. Ill., Feb. 2, 2021) (case no. 1:17-bk-2072).

Debtor May Avoid County Tax Foreclosure Sale – County’s tax sale of debtor’s farm was avoidable as constructively fraudulent under section 548, where debtor was insolvent at the time of the title transfer and the tax debt was substantially less than fair market value of the property. DuVall v. County of Ontario, No. 19-20179, Adv. Proc. No. 19-2011 (Bankr. W.D. N.Y. Feb. 18, 2021).

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Term Law ClerksDistrict of Colorado
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
pardis
IN CASE YOU MISSED IT . . .

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
April 26, 2021
Archives
pardis

Did Congress Mean What It Said in Section 1328(i)?

By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA)
“Had Congress intended the Court’s inquiry to end at the consideration of only the bare statutory prerequisites of section 1328(i), it would have used the constraining ‘shall,’ as it has in other subsections of § 1328, rather than the discretionary ‘may.’”
Merideth-Akers

I’ve Looked at Clouds from Both Sides Now

(Song by Joni Mitchell – first recorded by Judy Collins in 1968)
By Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
“Either side can find themselves in egregiously stressful circumstances.”
paulbonapfel

Sub Chapter V

(Not password protected)
A Guide to the Small Business Reorganization Act of 2019
By Honorable Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia (Atlanta)

Judge Bonapfel has again edited/supplemented his SBRAmaterials. Click here for the entire Guide – FREE.

The supplemental materials are in Part XV and is designed as a “pocket part.”

As with the previous supplement, this version contains a new chapter, Chapter XV, which supplements the original text and the previous supplement in Chapter XIV. Except for some editorial revisions, the original text and Chapter XIV are unchanged.

irs
nclc

From the National Consumer Law Center

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law ClerksDistrict of ColoradoTerm Law ClerksNorthern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
Beskin
IN CASE YOU MISSED IT . . .

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
“If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you.” (waka waka!)
April 19, 2021
Archives
Beskin

Of Tax Refunds, Exemptions, Setoffs, and Roman Gods

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
“If you’re looking for a well-written and clear appellate opinion about a much-litigated topic, with a bit of ancient mythology thrown in for good measure, this HUD’s for you.” (waka waka!)
ahern

Bankruptcy Courts Grapple with the “COVID-19 Discharge”

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously reported on bankruptcy-related legislation passed in 2019 and amended in response to the COVID-19 pandemic. This week, he returns to the subject and focuses on the “COVID-19 Discharge,” created temporarily by the Consolidated Appropriations Act, 2021 (“CAA”), in light of recent decisions from the Bankruptcy Courts in California and South Carolina.
newjudge

New Judge Appointed

(Not password protected)
On April 6 J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John T. Dorsey and Karen B. Owens were sworn onto the bench in 2019.
blockchain

New Term of the Week

(Not password protected)

What the heck is blockchain?

From Epiq: The Future of Blockchain and eDiscovery: What Should the Legal Industry Expect? (Not specific to Chapter 13 – If you don’t care what bitcoin is, you probably won’t care about blockchain.)

evictionnotice

Eviction Ban

(Not password protected)
openposition

Position Postings

(Not password protected)
Judgeship
Middle District of Florida – Application deadline 6/7/21
Middle District of Alabama – Application deadline 6/7/21Trusteeship – Eastern District of Pennsylvania – Application deadline 4/30/21Term Law ClerksDistrict of ColoradoTerm Law ClerksNorthern District of Indiana DISTRICT CourtPaid Internship – District of Kansas – Applications are being accepted for a paid internship for a college junior or senior in the new Model Intern Diversity Pilot Program – internship starts in June.
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
gendron
IN CASE YOU MISSED IT . . .

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
April 12, 2021
Archives
gendron

Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)
If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?
goodbusiness

Finally, Some Good News, Well At Least in Our Business

(Not password protected)

But Then There is a Flip Side

(Not password protected)
deadline

Extension of CARES Act Provisions

(Not password protected)
bankruptcystudy

Bankruptcy Study by Foohey, Lawless and Thorne

(Not password protected)
As with The Bill proposed last year, many aspects of this study will be controversial.At base it says nothing negative about Chapter13 other than people’s financial problems don’t fit neatly into either Chapter 7 or Chapter 13thus is supportive of the proposed bankruptcy-a-la-carte bill. The study seems to come down emphatically that much of what drives people to seek bankruptcy has to do with societal inequities and the lack of a functioning safety net.See also:

foreclosureprocess

Foreclosure Ban

(Not password protected)
carborrowers

Another ‘Good News’ Headline Only Consumer Bankruptcy Attorneys will Appreciate

(Not password protected)
Risky Borrowers Are Falling Behind on Car Payments (Wall Street Journal Subscriber Only Article – Below is the free blurb)
More subprime borrowers are missing monthly payments on their cars and trucks, pointing to an uneven economic recovery. Some 10.9% of subprime borrowers with outstanding auto loans or leases were more than 60 days past due in February, up from 10.7% in January and 8.7% a year prior, according to credit-reporting firm TransUnion. It marked the sixth consecutive month-over-month increase and the highest level in monthly data going back to January 2019.More than 9% of subprime auto borrowers were more than 60 days past due in the fourth quarter, the highest quarterly figure in data going back to 2005.Not Password Protected on the Same Topic:

https://considerchapter13.org/wp-content/uploads/2017/09/scotus1.jpg

From SCOTUS

(Not password protected)
For those keeping an eye on the mortgage issue in Jones v. U.S. Bank, N.A., U.S., No. 20-1064, cert. denied 4/5/21.
evictionnotice

Eviction Ban

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship

Trusteeship

irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
ahern
IN CASE YOU MISSED IT . . .

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.Click here for Part 1- The Circuits Begin to Line Up

April 5, 2021
Archives
deadline

Extensions of CARES Act Provisions By COVID-19 Bankruptcy Relief Extension Act of 2021

(Not password protected)
H.R.1651 – No longer legislation but actual law, signed by the President 3/27/21.
ahern

The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)

In Part 1, Larry Ahern summarized recent cases and considered how and why the circuits are more consistently finding the petition date to be determinative of the exempt status of assets (the “snapshot” rule). In this Part 2, he asks when the rule might not apply in different circumstances.

Click here for Part 1- The Circuits Begin to Line Up

americanrescueplan

United States Trustee Program Alert

(Not password protected)

In case you missed this last week . . . Notice to Chapter 7 and 13 Trustees Regarding Treatment of Recovery Rebates and Tax Credits for Consumer Bankruptcy Debtors Under the American Rescue Plan Act of 2021

“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”

telephone

From SCOTUS

(Not password protected)
meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Debt limit cap extended to March 27, 2022.

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
caution
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

March 29, 2021
Archives

happyeaster

hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Section 1328(i) requires the court to consider the discharge provisions of §§ 1328(a) through (h) and the fact that incomplete personal residence mortgage payments or a forbearance do not preclude but do not compel a COVID-19 Discharge.

See Also Legislation to Watch below. It appears that extension of the new § 1328(i) provision created under the Consolidated Appropriations Acthas been omitted from the current Bill making its way to the President’s desk. BUT AS OF PRESS TIME, THIS IS STILL LEGISLATION.

americanrescueplan

United States Trustee Program Alert

(Not password protected)
“In Summary – Chapter 7 and 13 trustees should not consider recovery rebates or child tax credits in administering estate assets or calculating disposable income in chapter 13 repayment plans.”
legislation

Legislation to Watch

(Not password protected)

Passed the House with Amendment 3/26 and is expected to be signed by the President on 3/28.

williambrown

From the Editor

By The Honorable William Houston Brown (Retired)
Even during spring break, Judge Brown made time to find two cases of interest regarding lien modification:

meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 WAS the Deadline to decrease the cap back to $2,725,625, although an extension has been proposed (Passed the House 3/17; Passed the Senate).
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
caution
cmoran
IN CASE YOU MISSED IT . . .

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??
March 22, 2021
Archives
cmoran

6 Steps to Ethical Unbundling of Bankruptcy Representation

By Cathy Moran, Esq., (Redwood City, CA)
The client initialed every paragraph of the 19-paged representation agreement, and the appeals court still sanctioned the attorney over the agreement.Turns out, a long agreement and the client’s initials weren’t enough to protect the lawyer from sanctions for unbundling his services. So, what does it take??
americanrescueplan

The American Rescue Plan

(Not password protected)
The new $1,400 per person stimulus checks could be garnished for unpaid debts. Why this one but not the previous two?

Reconciliation. Reconciliation in this context is a way for Congress to enact legislation on taxes, spending, and the debt limit with only a majority (51 votes, or 50 if the vice president breaks a tie) in the Senate, avoiding the threat of a filibuster, which requires 60 votes to overcome. Because Democrats have 50 seats in the Senate—plus a Democratic vice president—reconciliation is a way to get a tax-and-spending bill to the president’s desk even if all 50 Republicans oppose it.

More information:

legislation

Legislation to Watch

(Not password protected)
kevinanderson

Comparison of Annual Change in Chapter 13 Case Filings During the Beginnings of the 2008 and the 2020 Recessions

From The Honorable Kevin R. Anderson, United States Bankruptcy Court for the District of Utah
Coming off the longest economic expansion in U.S. history, Chapter 13 filings were at their lowest levels since 2007. With the country entering a sudden and unanticipated recession in February of 2020, we expected to see Chapter 13 filing rates increase; however, the opposite occurred.
wedoff

More on Fulton

(Not password protected)
Judge Wedoff: On Representing Respondents at Supreme Court in Chicago v. Fulton (17-minute substantive and entertaining (I mean, it’s Judge Wedoff!!) interview by Don Swanson)
act12

Chapter 12 Conference Farm Reorganization
July 22, 23 & 29, 30, 2021 – VIRTUAL

(Not password protected)
meanstest

Means Test Numbers Change April 1, 2021

(Not password protected)
irs

From the IRS

(Not password protected)
  • IRS Office of Chief Counsel Unveils National Virtual Settlement Days (From April 15th) – IRS Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 (nice of them to announce this on March 18th) as “National Settlement Month.”If you have clients with IRS issues, this may be of interest to you.BUT if we are reading this properly, they would have to participate without counsel.
subchapterv

The Advisory Committee on Bankruptcy Rules Needs Your Help

(Not password protected)
openposition

Positions Open

(Not password protected)
subchapterv

Subchapter V

(Not password protected)
Reminder – March 27 is the CurrentDeadline to decrease the cap back to $2,725,625, although an extension has been proposed (and passed the House 3/17).
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
hildebrand
IN CASE YOU MISSED IT . . .

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.
March 15, 2021
Archives
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
Despite a split in authority, funds held by a Chapter 13 trustee at the time a case is dismissed prior to confirmation, are subject to the trustee’s commission before any balance is returned to the debtor.
ahern

The “Snapshot” Rule – Part 1: The Circuits Begin to Line Up

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern starts by summarizing In re Anderson, a March 1 opinion from the Ninth Circuit, and the First Circuit’s In re Rockwell decision, which the Supreme Court declined to review on February 22. In this Part 1, he considers how and why the circuits are finding the petition date determinative of the exempt status of assets (the “snapshot” rule). In Part 2, he will ask when future cases, especially those involving different circumstances, may not apply the rule.
williambrown

From the Editor

By The Honorable William Houston Brown (Retired)
Judge Brown had a little time on his hands this week and brings us two cases of interest:

markwheeler

Serendipity, a Tribute to Judge Jack B. Schmetterer

(Not password protected)
By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL)
(Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.)

“Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to interview him. After all, a person could be quite different personally in an interview setting than they appear professionally.”

fulton

Chapter 13 Practice and Procedure

(Not password protected)
Free Section 5:12 – The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases. The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12. Further use of the material is prohibited.

ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.

subchapterv

The Advisory Committee on Bankruptcy Rules Needs Your Help

(Not password protected)

As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures. The Rules Committee would like to hear from you regarding your current practices. PLEASE take this survey.

subchapterv

Subchapter V

(Not password protected)
openposition

Positions Open

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
caution
chrishawkins
IN CASE YOU MISSED IT . . .

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”
March 8, 2021
Archives
chrishawkins

Courts Continue to Fill in the Gaps on the Interplay of Bankruptcy and the FDCPA

By Chris Hawkins, Bradley Arant Boult Cummings LLP (Birmingham, AL)
“. . . the CFPB largely declined to address bankruptcy issues. As a result, the burden will remain on practitioners and the courts to fill in the gaps with respect to the interplay of bankruptcy and the FDCPA. . . . The United States District Court for the Southern District of Ohio recently analyzed correspondence sent by a mortgage servicer in the context of potential FDCPA and discharge violations, providing a helpful catalog of many of the cases previously addressing the FDCPA in bankruptcy.”
kuharich

An Open Thank You Letter to NACTT – Reflections from a New(er) Trustee: My First Two Years

(Not password protected)
By Dynele Schinker-Kuharich, Chapter 13 Standing Trustee (Canton, OH)
“I vividly remember getting the call that I was to be appointed as a Standing Chapter 13 Trustee (effective October 1, 2018). I was so honored, and humbled, and excited.”
fulton

More on Fulton

(Not password protected)
The forthcoming 2021 edition of Chapter 13 Practice and Procedure, a treatise by Hon. W. Homer Drake, Jr., Hon. Paul W. Bonapfel, and Adam M. Goodman, will include a revised section 5:12 that deals with the Supreme Court’s decision in City of Chicago v. Fulton and its implications for turnover issues in Chapter 13 cases.  The publisher, Thomson Reuters, has given permission for posting a draft of section 5:12Further use of the material is prohibited.

ConsiderChapter13.org thanks the authors and Thomson Reuters for sharing this valuable resource FREE to our readers.

Other resources on Fulton (Password Protected):

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

debmiller

From the Advisory Committee on Bankruptcy Rules

(Not password protected)
Re: Survey of Bankruptcy Court Procedures for Turnover

Dear Fellow Bankruptcy Practitioners:

I have been asked to reach out on behalf of the Advisory Committee on Bankruptcy Rules which requests your assistance.

As you know, the Supreme Court recently decided City of Chicago v. Fulton which has opened up much discussion regarding current turnover procedures.

The Rules Committee would very much like to hear from you. PLEASE take this survey. It is only 3 questions and then asks for a summary as to whether or not your Court has adopted local rules or general orders on this issue. Please specify whether your Court is contemplating or has adopted local rules revisions or general, procedural, or administrative orders allowing a party to seek turnover of estate property under 11 U.S.C. § 542 by motion as suggested in the concurrence of the Supreme Court opinion in City of Chicago v. Fulton.

I thank you in advance!!

Debra L. Miller, Esq.
Chapter 13 Standing Trustee for the Northern District of Indiana

paulbonapfel

Of Interest to, Well, Everyone

(Not password protected)
GA Bankruptcy Judge Lowers Boom on Chapter 7 Trustee and Counsel Fees (Chpt 7 case converted to 13)

Really. You gotta read this one!

uscourts

From the United States Courts

(Not password protected)
farmers

Farmers in the News

(Not password protected)
Texas Farmers Tally Up Damage from Winter Storm ‘Massacre’ – The state’s agriculture sector has lost an estimated $600 million or more. Crop and livestock damage could mean shortages and higher prices beyond Texas.
newjudge

New Judge Appointed

(Not password protected)
The Fifth Circuit has appointed Jamie Wilson to be a U.S. Bankruptcy Judge in the Southern District of Mississippi, stationed in Jackson. Ms. Wilson will replace retiring Judge Neil Olack and assume her position on July 1st.
openposition

Positions Open

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
cmoran
IN CASE YOU MISSED IT . . .

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.

“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”

Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.

AND more info from last week on credit scores:

NCLC: The Credit Score Pandemic Paradox and Credit Invisibility

Americans Are Struggling, But You’d Never Know It from Their Credit Scores

March 1, 2021
Archives
bledsoe

Turnover by Motion? How About Under Rule 6008?

By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern)
After his participation in ConsiderChapter13.org’s webinar City of Chicago v. Fulton: What SCOTUS Did Not Say, Trustee Bledsoe examined long-standing common practice in the recovery of assets. This is a MUST READ article!

“In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion is not sufficient, but that – if pushed- a debtor will be required to file an adversary proceeding. But, let’s analyze the issue using the same methodology the Justices used in Fulton.”

webinar

Webinar Recording Now Available

Without a doubt, one of the best webinars we have ever produced.

Chapter 13 Trustee Jody Bledsoe, along with noted attorneys Richard Parker and Tony Sottile, engage in a one-hour presentation on the recent Fulton decision. Our expert panel digs into what the Supreme Court did not rule on in this case. They also drill down into §§ 362 and 542 to look at adversary proceeding vs. motion for turnover.

A few comments we received:

  • I think you guys have the most quality programming in bankruptcy-centric circles
  • Very interesting webinar
  • Webinar had some very practical suggestions for dealing with the complications/extra work created by The Supremes
  • Excellent

Not a subscriber to ConsiderChapter13.org? You are missing out. Click here to subscribe now.

Or click here for a discounted offer.

cmoran

Reaffirmations Impose Impossible Demands on Bankruptcy Counsel

By Cathy Moran, Esq., (Redwood City, CA)
One of Attorney Moran’s best! Another MUST READ from ConsiderChapter13.org.

“That’s until the court in Anzaldo dug into the effect of reaffirmation on credit.”

Debtor attorney in this case was not only ‘dinged’ regarding recommending a reaffirmation agreement but also for not having sufficient (in the Court’s mind) information on credit scoring to properly advise his client.

farmers

Farmers in the News

(Not password protected)

Farm Bankruptcies During 2020 – Filings Drop 7% During 2020, Not Out of the Woods Yet

legislation

Legislation to Watch

(Not password protected)
creditscore
openposition

Positions Open

(Not password protected)
Judgeship Positions

new

New Supplemental Proof of Claim Form

(Not password protected)
Director’s Form 4100S is new, in response to the Consolidated Appropriations Act of 2020, which amended Code sections 501 and 502 to provide that creditors under Federally backed mortgages, qualified under the CARES Act and RESPA, and who entered into forbearance agreements with debtors, may file proofs of claim for the deferred forbearance payments, even when the claim would otherwise be untimely. The Code amendment sunsets one year after enactment; therefore, the form itself is proposed to terminate at that time.

We noticed this week that many, many Courts have adopted this form.

dontforget

Subchapter V Reminder – March 27, 2021 Current Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021, although an extension has been proposed.

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible. The extension is included in the legislation to watch above.

courtscales

From the Courts

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
hauber
IN CASE YOU MISSED IT . . .

Chapter 13 – It’s Good To Have A Plan

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.

“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”

February 22, 2021
Archives
ahern

SBRA – The Sequel: Leases in Bankruptcy Under the Consolidated Appropriations Act, 2021

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern has previously reported on bankruptcy-related legislation passed in 2019 and amended in response to the COVID-19 pandemic. This week, he returns to the subject and focuses on a much-needed patch in the treatment of small business debtors’ leases under the Consolidated Appropriations Act, 2021 (“CAA”).
billpurdy

Form 1099G – How to Fight Back Against Scams

By William J. Purdy III (Soquel, CA)
Although written for Californians, the issue is national. Simply replace the acronym EDD for your state’s unemployment entity.

Many taxpayers believe any form 1099 writ from on high. They figure such forms are unchallengeable, immutable, all powerful, and require full and docile submission. Poppycock. In the Great Recession, banks issued millions of Forms 1099-A and 1099-C that were inspired fiction. Many taxpayers attached the erroneous forms to their tax returns and using a well drafted Plain Paper Attachment, explained why the forms were wrong and the potential tax increase was short circuited right then and there!

See also: Massive Fraud Slows Legitimate Unemployment Claims, State Says

hauber

Chapter 13 – It’s Good To Have A Plan

The Chapter 13 Business Model

By John M. Hauber, Chapter 13 Standing Trustee (Indianapolis, IN)
The next in our series “Chapter 13 – It’s Good to Have a Plan” is a poignant, personal story of a debtor attorney in response to the recent desire to modify the Bankruptcy Code based upon perceptions that debtors’ attorneys get rich off the backs of minorities by inordinately steering minorities toward Chapter 13.

“The banker asked whether I could then expect a regular, monthly payment at confirmation. I chuckled and replied that while I kept track of what I would get paid, I might not see a penny for many years, if at all.”

whitehouse
blise

New Judge Appointed in the Eastern District of Wisconsin

(Not password protected)
supremecourt

From the Supreme Court: Case to Watch

(Not password protected)
pardo

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State

(Not password protected)
By Professor Rafael I. Pardo, Emory University School of Law
“. . . by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered system that nationalized bankrupts’ assets, some of which featured prominently in the business of slavery.”

New Proof of Claim Form

(Not password protected)
Director’s Form 4100S is new, in response to the Consolidated Appropriations Act of 2020, which amended Code sections 501 and 502 to provide that creditors under Federally backed mortgages, qualified under the CARES Act and RESPA, and who entered into forbearance agreements with debtors, may file proofs of claim for the deferred forbearance payments, even when the claim would otherwise be untimely. The Code amendment sunsets one year after enactment; therefore, the form itself is proposed to terminate at that time.
starofdavid

Passing of Judge Shapiro

(Not password protected)
James E. Shapiro was a bankruptcy court judge for the Eastern District of Wisconsin from 1986 to September of ’96 when he was elevated to Chief Judge. He served as Chief Judge for four years and retired from the court on December 31, 2012. He passed away Feb. 5, 2021 at the age of 90.
dontforget

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.

bitcoin

Bitcoin

(Not password protected)
How are Bitcoin Created? An illustrated guide to bitcoin mining, blockchains, and the “minting” process of cryptocurrency’s most popular coin.

  • See also this ConsiderChapter13.org resource from 2016: Bitcoins and Bankruptcy By Phil Lamos, Chief Legal Counsel, Office of the Chapter 13 Trustee (Cleveland, OH)
courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
  • Your clients need to know this . . . Lost a Job or Income? Don’t lose access to key tax credits – Earned Income Tax Credit and the Child Tax Credit.
caution
markleffler
IN CASE YOU MISSED IT . . .

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2

February 15, 2021
Archives

blackhistorybanner

jansensenich

2020 Vision

(Not password protected)
By Jan Sensenich, Chapter 13 Standing Trustee for the District of Vermont
“Before the murder of George Floyd, I thought I understood institutional racism. I did not deny that it existed, and I knew it was a terrible thing. I believed that by supporting politicians who called for social reforms aimed at correcting institutional racism, I was doing my part.”
bernicedonald

Judges on Race: Reducing Implicit Bias in Courtrooms

(Not password protected)
By United States Circuit Judge Bernice Donald
In December and January Law360 ran a series of free articles entitled Judges on Race. While they are all very good, we want you to particularly note Judge Donald’s article: With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says Sixth Circuit Judge Bernice Donald.

The National Association of Chapter Thirteen Trustees is pleased to announce that The Honorable Bernice Donald will be the keynote speaker at its summer conference (hopefully) in Washington, D.C. Mark your calendar now for July 7-10 for an in person or virtual seminar.

autherinelucy

Autherine Lucy: Failed Integration Bid Left Lasting Legacy

(Not password protected)
Before Brown v. Board of Education there was Autherine Lucy.
pardo

On Bankruptcy’s Promethean Gap: Building Enslaving Capacity into the Antebellum Administrative State

(Not password protected)
By Professor Rafael I. Pardo, Emory University School of Law
“. . . by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered system that nationalized bankrupts’ assets, some of which featured prominently in the business of slavery.”
webinar

Still Time to Register for Free Webinar

City of Chicago v. Fulton: What SCOTUS Did Not Say

This Friday, February 19th – 2:00 eastern/1:00 central/12:00 mtn/11:00 pacific

Join Chapter 13 Trustee Jody Bledsoe along with noted attorneys Rich Parker and Tony Sottile in a one-hour presentation on the recent Fulton decision. Our expert panel will dig into what the Supreme Court did not rule on in this case. They will also drill down into Sections 362 and 542.

Can’t attend on Friday? It is ConsiderChapter13.org’s practice to record all webinars. Although we offer live webinars FREE, access to the recordings is a benefit of subscription. Only $275/year for access to ALL of the resources! Click her to subscribe.

(If you are a solo practitioner and have been impacted by the pandemic, contact us for a discount.)

moretime

Forbearance Period Extended

(Not password protected)

FHFA Extends Foreclosure and REO Eviction Moratoriums and COVID Forbearance Period

Note the fine print regarding forbearances – three-month extension only applies to those already in a forbearance by 2/28/21 and it is not an automatic extension – one must request it.
dontforget

Subchapter V Reminder – March 27, 2021 Deadline

(Not password protected)
In response to the economic consequences of the pandemic, the CARES Act increased the eligibility limit for electing to have a small business Chapter 11 governed by subchapter V from $2,725,625 of debt to $7,500,000. The cap is to return to $2,725,625 on March 27, 2021 (unless extended).

Subchapter V candidates with debt between $2,725,625 and $7,500,000 should decide whether to file as soon as possible.

legislation

Webinar Recording Now Available

Recent Legislation January 2021

Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.

New Information: During the webinar Trustee Miller mentioned a not yet available Director’s Form – several of you have emailed asking for it. The form has now been released: Supplemental Proof of Claim for CARES Forbearance Claim

nclc

From the National Consumer Law Center

(Not password protected)
NCLC is partnering with Consumer Reports to hold credit reporting agencies accountable for errors and need your help.

At least one in four of us probably has an error in our credit report. And the COVID-19 financial crisis has made that bad situation even worse.

Can you check your credit report for errors, and let Consumer Reports know what you find? You’ll be a key part of a groundbreaking Consumer Reports’ people-powered research project, where thousands of consumers like you use their credit report to finally hold these powerful credit agencies accountable.

courtscales

From the Courts

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)

Common and Costly Errors Taxpayers Should Avoid When Preparing a Tax Return

KenSiomos
IN CASE YOU MISSED IT . . .

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)
Attorney Siomos focuses on how 1328(i) can hurt debtors.

“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”

See also:

February 8, 2021
Archives
markleffler

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 2 of 2: Thomas v. Midland Funding, LLC

By Mark C. Leffler, Boleman Law Firm, PC (Richmond, Hampton, and Va. Beach, VA)
In order to “eliminate abusive debt collection practices by debt collectors . . .”, the Fair Debt Collection Practices Act (“FDCPA”) bars debt collectors from using any “false, deceptive, or misleading representation or means in connection with the collection of any debt . . .” 15 U.S.C. § 1692e.

Recent Trends in the Interpretation of Midland v. Johnson and the Applicability of the FDCPA to Bankruptcy Cases – Part 1 of 2

KenSiomos

Is 1328(i) Ultimately Terrible for Debtors?

By Ken Siomos, Staff Attorney for Marsha L. Combs-Skinner (Newman, IL)
Attorney Siomos focuses on how 1328(i) can hurt debtors.

“The December 2020 Consolidated Appropriations Act, 2021, more commonly known as the second covid-19 stimulus bill, contains a few bankruptcy related provisions, but none stood out more with respect to Chapter 13 than the newly created § 1328(i).”

See also:

legislation

(Not password protected)
On 1/29/21 ConsiderChapter13.org hosted its first webinar of the year with many to come. All webinars are free is viewed live; however, access to the webinar recordings are a benefit of subscription to ConsiderChapter13.org. Not a subscriber? Click here to join now.

The Recording of “Recent Legislation January 2021” is now available.

Join The Honorable William H. Brown (retired), and Chapter 13 Trustees Henry Hildebrand and Debra Miller in a one hour discussion regarding consumer bankruptcy implications of the Bankruptcy Administration Improvement and Consolidated Appropriations Acts, along with some thoughts on pending legislation.

farmerinthenews

Farmers In The News

(Not password protected)
gaveljudge
irs

From the IRS

(Not password protected)
courtscales

From the Courts

(Not password protected)
openposition

Positions Open

(Not password protected)
Judgeship Positions

Chapter 13 Standing Trustee

cfpb

On the CFPB

(Not password protected)
foryourblog

For Your Blog

(Not password protected – this category offers suggestions for trustee or debtor attorneys’ blogs)
debt

Student Loan Chronicles

(Not password protected)
caution
racheljones
IN CASE YOU MISSED IT . . .

Legal Aid and Who Are Our Chapter 13 “Customers”

By Rachel Jones, Staff Attorney to Chapter 13 Standing Trustee Chris Micale, Western District of Virginia (Roanoke)
DON’T SKIP THIS ONE JUST BECAUSE YOU THINK YOU KNOW WHO OUR CLIENTELE IS!

“I would argue that for the Debtors living in poverty, Trustees need to take a more panoramic approach and be mindful of the issues impacting individuals in extreme poverty. On the face of the petition and schedules, it may certainly appear some Debtors are making bad choices.”

Additional recommended reading: