Home - Archived (January 2022 - May 2022)

May 2, 2022
Archives
reginalogsdon She’s baaaaack. . .

This has been a very difficult month. As reported on the 18th, my sweet, wonderful, husband passed away. I want to thank everyone for your thoughts, prayers, hugs, well-wishes, flowers, cards, and overall love.

I also want to specifically thank Bill Brown, Mark Leffler and all those who picked up my slack throughout the entire ordeal and continued to get the weekly updates out.

With much love, appreciation, and gratefulness,
Regina Logsdon

cmoran

The Complex World of Interspousal Claims in Bankruptcy

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

“. . . One of those traps involves the differing treatment in bankruptcy of debts to a former spouse incurred in the course of a divorce.”

Another excellent piece relevant to your day to day practice.

NicoleNoll

Special Counsel 101: Getting Paid and Protecting Clients

By Nicole Noll, Esq., Law Offices of Jeffrey M. Sirody & Associates, P.A. (Baltimore, MD)
“ . . . , in In re Smith, a Georgia personal injury attorney received a not so gentle reminder of this duty when his fees were disgorged.”

HAPPY 40th ANNIVERSARY HENRY EDWARD AND GEORGE!!!!

On May 1st just forty short years ago, both Hank and George were appointed as Standing Chapter 13 Trustees.

George Stevenson, Chapter 13 Standing Trustee for the Western District of Tennessee (Memphis)
Hank Hildebrand, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
geyer

Judges Appointed

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

nclc
cornish

Passing of Judge Thomas R. Cornish

(Not password protected)

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

openposition

Positions Available

(Not password protected)
ncbrc
courtscales

From the Courts

(Not password protected)
Middle District of AL – Effective 4/8 Alliance Credit Counseling, Effective 4/13 Garden State Credit Counseling, Effective 4/26 The Family Center of Columbus, Inc., aka Consumer Credit Counseling Service of West Georgia/East Alabama are no longer an approved provider for creditor counseling or personal financial management courses in the Middle District of Alabama.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
foryourblog

For Your Blog

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

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

gustafson

In Case You Missed It . . .

Cui Pro Bono?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) and Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson
taveraJudge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a show, search for “Yours Truly, Johnny Dollar” on YouTube.
April 25, 2022
Archives
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern last week began a two-part examination of whether a Chapter 13 trustee may retain fees paid without a confirmed plan before dismissal. The first part was mislabeled as being on arbitration. Part 1 is a detailed analysis of McCallister v. Evans, a recent case accepting the trustee’s position considering a division in the caselaw and analyzing in detail the relevant statutes.
kevinanderson

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

By Honorable Kevin R. Anderson,United States Bankruptcy Judge, District of Utah (Salt Lake City)
Recent headlines noted that March 2022 saw a 33.5% increase in bankruptcy filings over February. This could suggest the coming swell in bankruptcy cases anticipated since the start of the COVID pandemic. However, bankruptcy professionals recognize that consumer filings always spike in March.
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A Chapter 13 trustee’s request to dismiss a Chapter 13 case upon discovery of an undisclosed asset held by the debtor cannot be granted after the debtor completes payments under the plan. (Brown)
ahern
IN CASE YOU MISSED IT . . .

May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 1

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
A detailed analysis of McCallister v. Evans, a recent case accepting the trustee’s position considering a division in the caselaw and analyzing in detail the relevant statutes.

IT’S TIME TO REGISTER

NACTT

57TH ANNUAL SEMINAR

WHEN:
July 6-9, 2022

WHERE:
San Francisco Marriot Marquis
San Francisco, CA

Hot Topics in Chapter 13

Please join David Peake, Marie Ann Greenberg and Jason Wilson-Aguilar for a free Zoom webinar August 17, 2022, 1:00pm EST
April 18, 2022
Archives
larrylogsdon

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

gustafson

Cui Pro Bono?

By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) and Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson
taveraJudge Gustafson and Daniel Tavera explore “Who Benefits” from work done in a Chapter 13 case, and they suggest that the title of this piece comes from an old-time radio show – “Yours Truly, Johnny Dollar” – one of the most popular radio shows in its day. It was a five-part show called “The Cui Bono Matter.” To hear a show, search for “Yours Truly, Johnny Dollar” on YouTube.
markleffler

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

By Mark C. Leffler, Boleman Law Firm P.C., Virginia Beach, VA
Mark Leffler, of the Boleman Law Firm in Virginia and also the current President of the Academy for Consumer Bankruptcy Education, begins a series of articles describing his firm’s development of a broader practice on behalf of consumer debtors. Look for subsequent parts of this series over the next few weeks.
hildebrand

Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
A Chapter 13 trustee’s final audit and notice of completion of payments is not necessary or a precondition to the court granting a discharge to a debtor who has satisfied the requirements of § 1328.

IT’S TIME TO REGISTER

NACTT

57TH ANNUAL SEMINAR

WHEN:
July 6-9, 2022

WHERE:
San Francisco Marriot Marquis
San Francisco, CA

Click here to see some of the topics

Free Webinar Opportunity – Hot Topics in Chapter 13

Please join David Peake, Marie Ann Greenberg and Jason Wilson-Aguilar for a free Zoom webinar August 17, 2022, 1:00pm EST
ahern
IN CASE YOU MISSED IT . . .

Arbitration Fairness for Consumers Act

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
SB 3755 was introduced on March 3, 2022 by Sen. Brown of Ohio. The Act would amend the Consumer Financial Protection Act of 2020 with respect to arbitration. The stated purposes of the Act are to:

(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.

See also:

Supreme Court on Arbitration

(Not password protected)
On March 31, 2022, the Supreme Court decided another arbitration issue, Badgerow v. Walters, et al., 2022 WL 959675, which had no direct implications for bankruptcy matters. The Supreme Court held that when deciding whether it had jurisdiction over an arbitration award the federal court looks only to the application submitted to the court and it does not look beyond the application to the parties’ underlying substantive controversy.
April 11, 2022
Archives
ahern

Arbitration Fairness for Consumers Act

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
SB 3755 was introduced on March 3, 2022 by Sen. Brown of Ohio. The Act would amend the Consumer Financial Protection Act of 2020 with respect to arbitration. The stated purposes of the Act are to:

(1) Prohibit predispute arbitration agreements that force arbitration of a future consumer financial product or service dispute; and
(2) Prohibit agreements and practices that interfere with the right of consumers to participate in a joint, class, or collective action related to a consumer financial product or service dispute.

See also:

Supreme Court on Arbitration

(Not password protected)
On March 31, 2022, the Supreme Court decided another arbitration issue, Badgerow v. Walters, et al., 2022 WL 959675, which had no direct implications for bankruptcy matters. The Supreme Court held that when deciding whether it had jurisdiction over an arbitration award the federal court looks only to the application submitted to the court and it does not look beyond the application to the parties’ underlying substantive controversy.
williambrown

Automatic Stay

By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc.
Denial of stay relief was final and appealable, although it was “without prejudice.”

NACTT

57TH ANNUAL SEMINAR

WHEN: July 6-9, 2022

WHERE: San Francisco Marriot Marquis, San Francisco, CA

Click here to see some of the topics

viegelahn

Promotion letter from Mary Viegelahn

By Mary Viegelahn, Chapter 13 Trustee San Antonio, Texas
(Not password protected)

New Acting Director of Executive Office of United States Trustees

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Ramona D. Elliott was appointed Acting Director of the Executive Office for United States Trustees on April 1, 2022, after having served as its Principal Deputy Director and General Counsel since January 2011. Ms. Elliott has 27 years of federal service, the majority of which has been with the United States Trustee Program, including formerly as the Deputy General Counsel and as the Acting Assistant United States Trustee for the District of Puerto Rico. She also previously was Counsel for Bankruptcy and Redress to the Federal Trade Commission’s Bureau of Consumer Protection and in private practice.

Ms. Elliott graduated from the University of Florida with a B.S. in Accounting and received her J.D. from Emory University School of Law.

extraextra

Bankruptcy Filing Increase in March

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The American Bankruptcy Institute reported that bankruptcy filings increased in March over the February filings, while total filings for the first quarter of 2022 showed a 17% decrease from the first quarter 2021. See www.abi.org.

In the News

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On April 7, 2022 the Senate confirmed Judge Ketanji Brown Jackson to the Supreme Court, by a vote 53-47. Justice Jackson will replace Justice Stephen Breyer upon his retirement this summer.
cfpb

From the CFPB

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The Consumer Finance Protection Bureau published its report on Medical Debt Burden in the Unites States, showing that $88 billion of outstanding medical det was in collection, affecting one in five consumers. Subsequent to this report, the three major credit reporting agencies announced that starting in July 2022 paid medical bills would not be included in their credit reports, and unpaid bills would only be reported if they remained unpaid for twelve months or more. See https://www.consumerfinance.gov/about-us/newsroom/cfpb-estimates-88-billion-in-medical-bills-on-credit-reports/

hildebrand
In Case You Missed It . . .

Critical Case Comment – Who is Responsible to Address Eligibility Questions?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection.
April 4, 2022
Archives
hildebrand

Critical Case Comment – Who is Responsible to Address Eligibility Questions?

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy Court is under an obligation to examine the eligibility of a debtor to file Chapter 13 even where no party raises a timely, written objection.

See also:

Meet a New AND Newish Trustee

(Not password protected)
cmoran

Tax Deductions Hidden in Chapter 13

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
True. Most people no longer itemize under the current Tax Code. However, the amount of money involved varies and should be considered.
behr

Selection of Bankruptcy Administrator

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Brian C. Behr of Raleigh, N.C., selected to be the next Bankruptcy Administrator for the Eastern District of North Carolina.
justabill

Bill Introduced

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Bill did NOT pass . . . at least yet.
Sub V debt limit is $2,725,625

Click here for New Official Forms

SB 3823 introduced on 3/14/22 by Sen. Grassley to raise the ceiling for chapter 13 relief, following the ABI’s Consumer Commission recommendation. It also eliminates the distinction between secured and unsecured debt. The bill would also make the $7.5 million Sub V debt limit permanent.

IT’S TIME TO REGISTER

OH- MY – GOODNESS IT IS GOING TO BE A GREAT CONFERENCE!

Seriously, you want to be there. LIVE. In-person.

Professor Nancy Rapoport with a brand new schtick on Remote Lawyering

Maximizing the Benefits of Virtual Court Hearings

Technology Trends for the Bankruptcy Office

Watch for spotlights of other panels over the next few weeks.

BUT REGISTER NOW!!

nclc

Free Webinar Opportunity

(Not password protected)

Please join Max Gardner and Modification Consultant Bobby Rivera for a special FREE webinar!

Free Zoom Webinar on Thursday, April 7, 2022 from 4 – 5 p.m. EST

Who Really Makes the Final Decisions on Mortgage Loan Modifications? How are these Decisions Made?

openposition

Positions Available

(Not password protected)
ncbrc
courtscales

From the Courts

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  • We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
Andrew R. Vara, U.S. Trustee for Region 9 v. Steven P. McDonald – New opinion from the Sixth Circuit Court of Appeals (While the decision itself is no surprise, the opinion/saga is a good Chpt7 read.)

hildebrand
In Case You Missed It . . .

Critical Case Comment – Sex, Lies and the Barton Doctrine

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent.

See also:

When the Trustee Gets Subpoenaed

March 28, 2022
Archives
cmoran

Claim Preclusion and the Opportunities for Mischief

By Cathy Moran, Esq., Moran Law Group (Redwood City, CA)
“I’ve been having nightmares about the 9th Circuit’s decision in Siegel for 20 years. . . . The 9th Circuit did not address the point that screams at every consumer bankruptcy lawyer: no one had motivation or need to review claims in a no asset Chapter 7.
hildebrand

Critical Case Comment – Sex, Lies and the Barton Doctrine

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
The issuance of a subpoena to a Chapter 7 trustee by a third party was subject to the Barton Doctrine and could not be permitted without the parties seeking bankruptcy court consent.

See also:

When the Trustee Gets Subpoenaed

Preuss

Meet a New AND Newish Trustee

Yep, two trusteeships. Can you say o-v-e-r-a-c-h-i-e-v-e-r?

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

justabill

New Bill Introduced

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Well, hold the presses . . . SB 3823 was introduced on 3/14/22 by Sen. Grassley to raise the ceiling for chapter 13 relief, following the ABI’s Consumer Commission recommendation. It also eliminates the distinction between secured and unsecured debt. The bill would also make the $7.5 million Sub V debt limit permanent. If enacted, the currently proposed changes set to take effect on 4/1 would be moot.
heathercooper

New Judge Announced

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Selection of Heather Z. Cooper to Serve as Bankruptcy Judge in the District of Vermont

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

catliota

Judge Announces Retirement

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Chief Bankruptcy Judge Thomas J. Catliota has informed the United States Court of Appeals for the Fourth Circuit that he will retire from his position as U.S. Bankruptcy Judge for the District of Maryland on October 3, 2022, after 16 and a half years of outstanding service to the Court.
koyama

Lawyers Are People Too

An Interview with Aki Koyama, Staff Attorney to Chapter 13 Standing Trustee Kathy Dockery

(Used with permission, Volume 1, Issue 3:3 6 March, 2022 cdcbaa)
By M. Jonathan Hayes, 9th Circuit BAP Law Clerk (Los Angeles, CA)
Jon: Hi Aki. I can’t believe after knowing you for 30 years now that I don’t know where you were born.

Aki: Ha! I was born in Tokyo, Japan . . .

openposition

Positions Available

(Not password protected)
ncbrc
foryourblog

For Your Blog

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

From the Courts

(Not password protected)
  • Central District of IL – Effective April of 2022, Judge Perkins will be resuming in-person hearings for Chapter 13 cases in Urbana and Peoria. Telephonic participation is not permitted. We have noticed that many courts are going back to in-person hearings – Pay Attention to Those Notices!!
  • Southern District of GA – Effective 3/28, address change for U.S. Trustee’s Savannah Office: Office of U.S. Trustee; 33 Bull Street, Suite 400, Savannah, GA 31401
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
NicoleNoll
In Case You Missed It . . .

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

By Nicole Noll, Jeffrey M. Sirody & Associates P.A. (Baltimore, MD)
New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge.
March 21, 2022
Archives
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
This week, Larry Ahern is prompted by recent caselaw to return to the subject of the Supreme Court’s opinions in Ritzen Group, Inc. v. Jackson Masonry, LLC (2020) and Bullard v. Blue Hills Bank (2015), both of which attempted to define when a bankruptcy court’s order is “final.”
NicoleNoll

Bankruptcy Intersecting with Tevis Equals Malpractice Claim

By Nicole Noll, Jeffrey M. Sirody & Associates P.A. (Baltimore, MD)
New Jersey attorney is the subject of a legal malpractice complaint for allegedly failing to properly preserve a marital tort claim as an exception to discharge.
robertwilson

Bankruptcy Icon Retires . . . Well, Sort of

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

By Katherine L. Davis, Chapter 13 Standing Trustee for the Northern District of Texas (Lubbock)
“The trouble with retirement is that you never get a day off!”

extraextra

A Free Knowledge Nugget

(Not password protected)
On March 10, 2022, the Wage and Hour Division of the Department of Labor issued Field Assistance Bulletin No. 2022-02 with the subject line “Protecting Workers from Retaliation.”

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

cfpb

From the CFPB

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CFPB Targets Unfair Discrimination in Consumer Finance – Discrimination or improper exclusion can trigger liability under ban on unfair acts and practices

ncbrc

From NCBRC

(Not password protected)
courtscales

From the Courts

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

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
In order to invoke remedies granted under the CARES Act, Chapter 13 debtor need not have been current on the date of enactment as long as the debtor satisfies the conditions in the CARES Act.
MichaelJoseph

Delaware Trustee Michael Joseph to Retire

By Paul Chael, Chapter 13 Standing Trustee for the Northern District of Indiana (Merrillville)
The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him.
debtlimit

Debt Limits on the Rise

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Section 109(e)—debt limits for individual filing bankruptcy under chapter 13.

From $419,275 for unsecured debtors to $465,275 for unsecured creditors.
From $1,257,850 for secured debts to $1,395,875 for secured debts.

Click here for all dollar amount increases as of 4/1/22.

forsale

A Free Knowledge Nugget

(Not password protected)
Metro Homeowners Locked into 40 Year Contracts with Real Estate Company (Oy vey)

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

ketanjijackson
nclc

New Reg F

(Not password protected)
ncbrc

From NCBRC

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openposition

Positions Available

(Not password protected)
  • Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
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 North Dakota – UST’s Office advises effective April 1, 2022, chapter 7 panel trustee, Kip Kaler will no longer accept new cases. Given the historically low caseload and continuing remote 341s, the UST does not intend to replace Mr. Kaler’s position at this time. Effective with cases filed April 1, 2022, trustee Gene Doeling will handle all chapter 7 cases in North Dakota.
  • Southern District of FL – April 4 is your turn for NextGen
emilyconnorkennedy
IN CASE YOU MISSED IT. . .

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

By Emily Connor Kennedy, Esq., Boleman Law Firm, P.C.
“Despite having needed to file two bankruptcies within seven years, the applicant was able to meet her burden of demonstrating that it was clearly consistent with the national interest to continue her security clearance.”
March 7, 2022
Archives
cmoran

Lenders Can’t Hide from Consequences of Misapplication of Mortgage Payments

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

“So, my thought is to make a RESPA RFI anytime the servicing of a loan changes hands.”

See also:

Critical Case Comment – In re Bivens vs. NewRez LLC

emilyconnorkennedy

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

By Emily Connor Kennedy, Esq., Boleman Law Firm, P.C.
“Despite having needed to file two bankruptcies within seven years, the applicant was able to meet her burden of demonstrating that it was clearly consistent with the national interest to continue her security clearance.”

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

Cipollone
A Free Knowledge Nugget

COVID-19 Forbearance Option Charts Federally-Backed Mortgages

(Not password protected)
Diane Cipollone, attorney and qualified expert on mortgage servicing and loan origination matters, created these charts from various announcements from FHA, VA, USDA, Fannie Mae and Freddie Mac over the past two years. She was gracious enough to update this resource, for ConsiderChapter13.org readers, to include some borrowers whose loans were previously owned by Fannie or Freddie.
Bordeaux

Reyes Bordeaux Appointed Judge

(Not password protected)
The Ninth Circuit Court of Appeals has appointed a new Bankruptcy Judge to serve the Central District of California.
cfpb

From the CFPB

(Not password protected)
eisenberg

Passing of Judge

(Not password protected)
openposition

Positions Available

(Not password protected)
  • Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
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.)
Understanding the Child and Dependent Care Credit – Taxpayers who are paying someone to take care of their children or another member of household while they work, may qualify for child and dependent care credit regardless of their income.

courtscales

From the Courts

(Not password protected)
  • Pending Changes in the Bankruptcy Forms – Revised Dollar Amounts in Official Forms 106C, 107, 122A-2, 122C-2, 201, 207, 410, Director’s Forms 2000 and 2830, and certain instructions, effective April 1, 2022
  • Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
  • Southern District of FL – April 4 is your turn for NextGen
hildebrand
IN CASE YOU MISSED IT. . .

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts.
February 28, 2022
Archives
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern this week concludes a two-part examination of whether encumbered property can still “ride through” a bankruptcy case since 2005. Part 1 was a detailed analysis of In re Rhodes, a recent case in which a debtor’s attorney withdrew his certification of the debtor’s reaffirmation agreement, prompting a thorough consideration of the ride-through doctrine. This Part 2 reviews some further nuances explored in that opinion and considers whether and how this preservation of the ride-through doctrine might affect other cases.
hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts.
constancebaker

In Honor of Black History Month

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ncbrc

From NCBRC

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retiredjudge

Retirement of Chief Judge Dana L. Rasure

(Not password protected)
The United States Bankruptcy Court for the Northern District of Oklahoma announces that Chief Judge Dana L. Rasure will retire from the bench effective May 1, 2022. Judge Rasure has served as a bankruptcy judge for the Northern District of Oklahoma since January 1997.
openposition

Positions Available

(Not password protected)
  • Southern District of Ohio – Term Law Clerk Application Deadline 3/24/22
  • Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
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)
  • Southern District of AL – return to in-person motion dockets, confirmation hearings, trials – March 7th
  • Southern District of FL – April 4 is your turn for NextGen
Gardner

IN CASE YOU MISSED IT. . .

Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC

What happens at the end of a COVID forbearance? Can servicers demand a large balance?

Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?

Click here for the NCLC chart showing various options.

February 21, 2022
Archives

Is Presidents’ Day a federal holiday?

hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Bankruptcy Court found violation of automatic stay to be “technical”, thus no damages. Ninth Circuit BAP did not agree.
kevinanderson

Drilling Down on Consumer Debt: A Closer Look at the $52 Billion Increase in Credit Card Debt

By Honorable Kevin R. Anderson,United States Bankruptcy Judge, District of Utah (Salt Lake City)
The New York Fed just released its consumer debt report for the period ending December 2021. One of the headlines to come from this report is that credit card debt increased by $52 billion in the 4rd Qtr. 2021—the largest increase in 22 years. This is statistically true, but it does not tell the whole story of the pandemic’s impact on consumer debt.

Judge Anderson breaks down these numbers and explains them including auto loan debt.

waldron

I Was Just Following Orders

By Thomas F. Waldron, United States Bankruptcy Judge (retired) and initialEditor/Advisor to the NACTT Academy
During his tenure as Editor/Advisor for ConsiderChapter13.org, Judge Waldron wrote many extraordinary reference pieces. This week, we re-bring you one of these. Although written using a 2008 case, our research indicates this is still a very timely resource.

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

dollarincrease

Titles 11 and 28 Monetary Changes for 2022

(Not password protected)
The monetary amounts in various Code sections of Titles 11 and 28 were adjusted, effective April 1, 2022, to reflect cost of living adjustments. These adjustments occur every three years, pursuant to 11 U.S.C. section 104.
sachs

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

(Not password protected)
From Above the Law: Prof. Ben Sachs of the University of Virginia School of Law lays out three types of techniques for effective management.
ncbrc
Gardner

Ending a COVID Forbearance – A Knowledge Nugget from Max Gardner and The NCLC

What happens at the end of a COVID forbearance? Can servicers demand a large balance?

Generally, the servicers should not be demanding full payment following a COVID forbearance. There are a number of loss mitigation options for people coming out of a COVID forbearance. In order to know which may apply one needs to know who owns the loan (who is the investor). Is it a GSE, FHA or private label loan?

Click here for the NCLC chart showing various options.

openposition

Positions Available

(Not password protected)
  • Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
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)
  • Southern District of FL – April 4 is your turn for NextGen
Bushman
IN CASE YOU MISSED IT. . .

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

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)
By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.

Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.

In Part 3, Bushman concludes this topic by outlining minority interpretations.

Thank you, Ms. Busham for this excellent outline!

February 14, 2022
Archives

meridethakers

Leading a Winning Team

Merideth Akers, CPA, PHR, Comptroller for Bradford W. Caraway (Birmingham, AL)
In our “Staff Corner” series, the affable, insightful, sapientMerideth Akersbrings us a playbook of how to effectively manage a team that always scores.

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

cmoran

Who Gets Grannie’s Cash – Grannie or the Bankruptcy Trustee?

By Cathy Moran, Esq., (Redwood City, CA)
“Who doesn’t have a joint bank account with someone they care about?”

As a debtor attorney, this should be an issue you are watching for at every intake. An alert trustee will win the cash every time if you don’t advise your client appropriately.

Bushman

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

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)
By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.

Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.

Judge to Retire

(Not password protected)
The Central District of California’s Judge Mark S. Wallace will retire from the bench on March 1, 2022.
act12

Chapter 12 Trustees Free Webinar

Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms

February 17 at 2:00PM (ET)

Presented By:

Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

Mortgage Backed Securities Anyone?

(Not password protected)
Click here for the Federal Reserve Bank’s February 2022 report on MBS.

openposition

Positions Available

(Not password protected)
  • Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
  • District of Minnesota – Term Law Clerk Application Deadline 2/18/22
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)
  • Southern District of FL – April 4 is your turn for NextGen
hildebrand
IN CASE YOU MISSED IT. . .

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his home that had been transferred prior to the filing of the petition.
February 7, 2022
Archives
michaeljoseph

When the Duty to Provide Tax Returns Collides with Confidentiality

By Michael B. Joseph, Chapter 13 Standing Trustee for the District of Delaware
“Must the debtor provide copies that contain personal identifying information . . . social security numbers of dependents including minor children? Or a redacted version that only includes financial information?”
hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Chapter 13 debtor’s counsel’s fee award was reduced to $48,116 from the requested $95,480 due to pre-petition payments, confusing and “lumped” time entries, and excessive hourly rates for some services performed, even though the debtor’s Chapter 13 plan was never even proposed much less confirmed. The debtor never attended a meeting of creditors, but the debtor managed to recover his home that had been transferred prior to the filing of the petition.
Bushman

Conflicting Interpretations: A Chapter 13 Trustee’s Compensation After Pre-Confirmation Dismissal or Conversion – Part 2 of 3

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)
By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan

In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.

Part 2 begins her analysis of contrasting the majority and minority interpretations by looking at illustrative decisions of the majority approach.

changeahead

From the Middle District of North Carolina

(Not password protected)

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

*Notice dated 2/2/22

arrowdown

From the Courts

(Not password protected)

Bankruptcy Filings Drop 24 Percent

(But the good news is that some districts are seeing an uptick in consumer filings.)

davidrice

District of Maryland

(Not password protected)
The United States District Court has designated the Honorable David E. Rice to serve as Chief Judge of the Bankruptcy Court, effective April 30, 2022
martinglenn

Southern District of New York

(Not password protected)
U.S. Bankruptcy Judge Martin Glenn will take over as the next chief judge of the U.S. Bankruptcy Court for the Southern District of New York, starting his five-year term in March in one of the most sought-after bankruptcy venues. Has served as bankruptcy judge for roughly 15 years
act12

Chapter 12 Trustees Free Webinar

Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms

February 17 at 2:00PM (ET)

Presented By:

Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

MARK YOUR CALENDAR NOW

NACTT 2022 – LIVE

(Yes, the goal is live, in-person, in the room with the speakers –
what a great concept!!!)

July 6-9
San Francisco Marriott Marquis

Agenda in brief:

  • Contempt Powers Post Gravel
  • Ethical Implications of Remote Lawyering Post-Pandemic
  • Discharge or Not – Dealing with Post-Expiration Debtor Payments
  • Windfalls in Chpt 13
  • Virtual Hearings – Maximize Benefits/Avoid Pitfalls
  • Dismiss with Prejudice – When appropriate/what conditions apply
  • Conversion Issues
  • Abusive Lending Statues and Remedies
  • AND MORE

Of course, mortgage issues, student loans, and the ever-popular Case Law Update – Judge Lundin, Trustee Hildebrand, and special guest: TARA TWOMEY!!

cfpb

From the CFPB

(Not password protected)
  • Guide to Filing Your Taxes in 2022 (Yes, this is in the proper category – fairly easy to navigate information. You may want to glance at this not only for your clients but for your own tax filing preparation.)
openposition

Positions Available

(Not password protected)
  • Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
  • Eastern District of Tennessee – Term Law Clerk Application Deadline 3/7/22
  • District of Minnesota – Term Law Clerk Application Deadline 2/18/22
studentloanchronicles

Student Loans Chronicles

(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)
  • Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
caution

Sanctions and Irony and Fraud, Oh My!

(Not password protected)
gueck

IN CASE YOU MISSED IT. . .

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

By Danielle N. Gueck-Townsend, Staff Attorney for Kathleen A. Leavitt, Chapter 13 Standing Trustee for the District of Nevada (Las Vegas)
“In the opinion, Judge Barnes provided some suggestions as to what evidence might have been helpful in the Debtor’s situation. . . .The more corroborating evidence, the better.”
January 31, 2022
Archives
ahern

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

By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN)
Larry Ahern this week begins a two-part examination of whether an encumbrance can still “ride through” a bankruptcy case after BAPCPA. Part 1 is a detailed analysis of In re Rhodes, a recent case in which a debtor’s attorney withdrew his certification of the debtor’s reaffirmation agreement, prompting a thorough consideration of the ride-through doctrine.
gueck

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

By Danielle N. Gueck-Townsend, Staff Attorney for Kathleen A. Leavitt, Chapter 13 Standing Trustee for the District of Nevada (Las Vegas)
“In the opinion, Judge Barnes provided some suggestions as to what evidence might have been helpful in the Debtor’s situation. . . .The more corroborating evidence, the better.”
Bushman

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

(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)
By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan
In Part 1 of Bushman’s detailed outline, she introduces the topic and looks at the statutory overview.
update

2022 Poverty Index

(Not password protected)
On January 12, the Department of Health and Human Services issued the updated poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index.
act12

Chapter 12 Trustees Free Webinar

Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms

February 17 at 2:00PM (ET)

Presented By:

Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

webinar

Webinar Recordings Available

3002.1 Proposed Rule Changes: The Webinar 12/16/21

3002.1 The Dialogue Continues Produced 1/14/22

Click here to Submit Your Comments
to the Rules Committee

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

cfpb

From the CFPB

(Not password protected)

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

openposition

Positions Available

(Not password protected)
  • Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
studentloanchronicles

Student Loans Chronicles

(Not password protected)
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)
  • Southern District of AL – Don’t file pleadings using another attorney’s CM/ECF account!A pleading filed in CM/ECF must have a signature block in the name of the same person whose login and password are being used for the filing. Bankruptcy Rule 5005(a)(2)(C) states: “A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.” [Emphasis added.] In other words, you can’t file a pleading under your name using someone else’s CM/ECF account; either get your own account or have that person sign it.
cmoran
IN CASE YOU MISSED IT. . .

Of Grace Periods and Mortgage Payments

By Cathy Moran, Esq., (Redwood City, CA)
“The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners.Are there arrears when the case is filed during the grace period and the payment made before it was late?” Seems a little akin to Who’s On First.
January 24, 2022
Archives
Gardner

The Case for Conduit Mortgage Payments

By O. Max Gardner III,Chief Executive Officer and President of Max Gardner’s Consumer Defense Academy
“One can certainly make the case without any reservations that Trustee records are always better than the ‘records’ of debtors.”
cmoran

Of Grace Periods and Mortgage Payments

By Cathy Moran, Esq., (Redwood City, CA)
“The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners.Are there arrears when the case is filed during the grace period and the payment made before it was late?” Seems a little akin to Who’s On First.
hildebrand

Critical Case Comment – 3002.1 and Reverse Mortgages

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
Requirements and remedies in Rule 3002.1 apply to reverse mortgages as well as conventional mortgages; while discharge of Chapter 13 plan does not discharge a mortgage obligation treated pursuant to § 1325(b)(5), the Court may prohibit prospective use of a nondisclosed obligation as grounds for a default.
judgeships

Selection of U.S. Bankruptcy Judge

(Not password protected)
U.S. Court of Appeals for the Fourth Circuit selected Elisabetta G.M. Gasparini to fill the judgeship being vacating by retiring John E. Waites.
act12

Chapter 12 Trustees Free Webinar

Federal Participation in Farming – Partner, Benefactor, Creditor or CEO? How FSA funding affects reorganization of family farms

February 17 at 2:00PM (ET)

Presented By:

Joseph Newton Callaway, United States Bankruptcy Judge, Greenville, NC
David F. Mills, Narron Wenzel, P.A., Smithfield, NC
John C. Bircher III, Davis Hartman Wright, PLLC, New Bern, NC

webinar

3002.1 Webinar Recordings Available

3002.1 Proposed Rule Changes: The Webinar 12/16/21

3002.1 The Dialogue Continues Produced 1/14/22

24 Days Left to Submit Your Comments
to the Rules Committee

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

ncbrc

In Sympathy – The Honorable Jerome Feller

(Not password protected)
openposition

Positions Available

(Not password protected)
  • Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
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)
leforce
IN CASE YOU MISSED IT. . .

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

By Jeff LeForce, Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee for the Eastern District of Texas (Sherman and Texarkana Divisions)
. . . “Judge Larson provides a road map including several useful cases for Trustees and creditors to consider when faced with a vexatious and frivolously litigious debtor and what to do if they violate court orders.”
January 17, 2022
Archives

white

Director of U.S. Trustee Program to Retire

(Not password protected)

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

Read More

hildebrand

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

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN)
While a 13 trustee is partially insulated by the Barton doctrine from being dragged into state court, if a movant seeks authority from the Bankruptcy Court to pursue the trustee and satisfies the conditions of the Barton doctrine, the trustee may be subject to state court judicial proceedings.
leforce

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

By Jeff LeForce, Staff Attorney to Carey D. Ebert, Standing Chapter 13 Trustee for the Eastern District of Texas (Sherman and Texarkana Divisions)
. . . “Judge Larson provides a road map including several useful cases for Trustees and creditors to consider when faced with a vexatious and frivolously litigious debtor and what to do if they violate court orders.”
Gardner

Good Stuff Out of Max Gardner’s 12/29 Webinar

Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

Response to NOE from Loan Servicer

A note from Max: If you want to sign up for the videos (free through Jan 31, 2022) go to https://maxconsumerdefenseacademy.com/ and click on the menu tab MAX ON ZOOM. Scroll down to HOLIDAY OFFER and create a new account (even if you have an existing account you must create a new one–you can use your same email address, but a new password). If you sign up for the Holiday Offer, I will add you to another Box.com folder of materials that correspond with these videos.

webinar

Webinar Recordings Available:

3002.1 Proposed Rule Changes: The Webinar 12/16/21

3002.1 The Dialogue Continues Produced 1/14/22

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

nclc

NCLC Seeks Signers Urging Foreclosure Pause When HAF Applied For

(Not password protected)
NCLC seeking non-profit organizations to sign two letters (one to the CFPB and one to FHFA, FHA, VA, and USDA) urging the agencies to require servicers to pause foreclosure activity for at least 60 days after being notified that a borrower has applied for HAF assistance and meets conditional program eligibility. Deadline to sign the letter is C.O.B. Wednesday, January 19, 2022.
regulationx

Second Circuit Decides Mortgage Servicing Issue

(Not password protected)

In Naimoll v. Ocwen Loan Servicing, LLC, the Second Circuit construed the catch-all provision of Regulation X, 12 C.F.R. § 1024.35, as being broad enough to cover the servicing errors alleged by the borrower.

See also:

Second Circuit Court of Appeals ruling in Ocwen/PHH case is major victory for homeowners, landmark decision will expand, strengthen RESPA, Regulation X protections

abovethelaw

From Above the Law

(Not password protected)
openposition

Positions Available

(Not password protected)
  • Northern District of Ohio – Term Law Clerks Application Deadline 2/11/22
ncbrc
foryourblog
courtscales

From the Courts

(Not password protected)
caution

Sanctions and Irony and Fraud, Oh My!

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

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

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? Chief Bankruptcy Court Judge John Waites has presented his take on this issue and concluded, with some important exceptions, that they do not, but be sure to read the Note at the end of this case.
January 10, 2022
Archives
Beskin

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

By Herbert L. Beskin, Chapter 13 Standing Trustee for the Western District of Virginia (Charlottesville)
It has long been a vexing question for Trustees and attorneys alike: do Debtors have to disclose assets acquired post-petition? Chief Bankruptcy Court Judge John Waites has presented his take on this issue and concluded, with some important exceptions, that they do not, but be sure to read the Note at the end of this case.
Kimball

On More Effective Writing

(Used with permission. First published in the Southern District of Florida Courthouse Beacon, December 2021)
By Hon. Erik P. Kimball, United States Bankruptcy Judge, Southern District of Florida, West Palm Beach Division

Defined Terms Are Not Your Friend. Lawyers love defined terms.”

Although specifically written to attorneys in his court, Judge Kimball addresses a national issue – verbose,v ague and illogical writing patterns. In a short, humorous way, he gives a fantastic primer on writing motions and responses.

webinar

FREE WEBINAR REGISTER NOW

Friday, January 14th at 2 Eastern

3002.01 The Discussion Continues

Join our panel of experts as they expound on the discussion began in our webinar on December 16th entitled 3002.1 Proposed Rule Changes: The Webinar which is now available for viewing*.

Panelists:

Debra L. Miller – “Conduit” Chapter 13 Trustee
Marie-Ann Greenberg – “Non-Conduit” Chapter 13 Trustee
Hilary B. Bonial, Esq. – Bonial & Associates, P.C.

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

agriculture

Chapter 12 in the News

(Not password protected)
disaster

From Above the Law

(Not password protected)
openposition

Positions Available

(Not password protected)

Northern District of OhioTerm Law Clerks Application Deadline 2/11/22

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.)
  • IRS News from Around the Nation (All on one page, by state, you can quickly see when federal taxes are due if extensions have been granted due to natural disasters.)
ahern
IN CASE YOU MISSED IT. . .

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
January 3, 2022
Archives

2022 – Really???

It doesn’t seem possible that it is the year Two Thousand and Twenty-Two!

Since 2008, The Academy d/b/a ConsiderChapter13.org has brought you the cutting edge of trends, developments, and case law in consumer bankruptcy.

Here’s to a long future of more of the same.

In the coming weeks we have a lot to look forward to: The Limits of Judicial Grace and Patience; More Effective Writing; Sunset Provisions; “Technical” Stay Violation Can Still Cost . . . A Lot; Yes, You Have to Tell The Trustee about New Assets; Trustees’ Compensation; and MUCH MUCH MORE.

townson

New Region 21 UST

(Not password protected)

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

By Guy A. Van Baalen, Assistant U.S. Trustee, Office of the U.S. Trustee Middle and Southern Districts of Florida
(Used with permission from the Courthouse Beacon News, Southern District of Florida)
webinar

Mark Your Calendar for Another FREE Webinar

3002.01 The Discussion Continues

Join our panel of experts on Friday, January 14th at 2 Eastern for a continued discussion of the proposed changes to Federal Rule 3002.1. Watch for registration information.

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