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Litigation In Bankruptcy Court – It Can Be A Trying Ordeal, Part 3: Trial Issues – Documents (Court Comment) The third article in this series considers the importance of Documents in bankruptcy litigation and offers some suggestions in connection with their introduction as evidence.
An Alternative to Foreclosure and Eviction (Court Comment) In this extremely thoughtful article Judge Morris Stern ( N.J.) proposes a program, which, subject to state law availability, could provide beneficial options for mortgage creditors and debtors.
Litigation In Bankruptcy Court – It Can Be A Trying Ordeal, Part 2: Introduction Of Evidence And Presentation Of Witnesses (Court Comment) The possibility of an evidentiary hearing is always present in a chapter 13 case. This article is the second in the series suggesting an approach intended to be helpful for any attorney engaged in litigation in the bankruptcy court.
Ethics And Unbundling: Attorneys Agree With Clients About Unbundling Bankruptcy Services; But, Do Courts Agree With Attorneys About Unbundling Bankruptcy Services? PART 2 – STATE RULES OF PROFESSIONAL CONDUCT AND APPLICABLE BANKRUPTCY LAW: This article examines the approach bankruptcy courts often take in their examinations of state law governing the unbundling of legal services within the context of representation in a bankruptcy case.
An Alternative to Foreclosure and Eviction (Court Comment) In this extremely thoughtful article Judge Morris Stern ( N.J.) proposes a program, which, subject to state law availability, could provide beneficial options for mortgage creditors and debtors. Chapter 13 would be able to provide the necessary "environment" in which the involved parties could determine and implement such options.
Hey, I've Got An Equitable Lien! Can I Buy A Cup Of Coffee With It? (Court Comment) Judge Marlar discusses how a creditor with an equitable lien under state law may not receive any payment in a chapter 13 case.
The Help Which Did Not Happen (Court Comment) Judge Small discusses the recent legislation, which failed to pass the Senate, and the role of chapter 13 trustees in the wake of that failure.
A Creditor Counsel's Perspecitve On Notice (Creditor Comment) This focused article reviews the continuing significance of proper notice in connection with chapter 13 issues.
The Automatic Stay and Starter Interrupt Devices (Trustee/Debtor Comment) The authors explore cases in which an innovative technology (creditor controlled automobile starter interrupt device) clashes with an established automatic stay principle (relief from the stay required to exercise control over property of the debtor or the estate).
Litigation In Bankruptcy Court: It Can Be A Trying Ordeal – Part 1 (Court Comment) The possibility of an evidentiary hearing is always present in a chapter 13 case. Judge Waldron begins a series of articles — Litigation in Bankruptcy Court: It Can Be A Trying Ordeal — discussing a helpful approach to such litigation.
Judicial Conference Advisory Committee Rules of Bankruptcy Procedure Proposes New Rule Governing Mortgage Servicing in Chapter 13 Cases (Court Comment) Judge Eric L. Frank, a former member of the Judicial Conference Advisory Committee on Bankruptcy Rules, provides a thorough discussion of proposed Rule 3002.1, which could have a significant impact on procedures involving residential mortgage proofs of claims. This article provides a focused discussion of Proposed Rule 3002.1, which will be subject to public comment beginning in August, 2009 and would provide a basis for informed comments.
Mortgage Modifications in Chapter 13 — A Remedy For These Times (Debtor Comment) John Rao and Geoff Walsh offer a thorough and detailed examination of mortgage modification in chapter 13 where although Congress is considering lifting the ban on § 1322(b)(2) home mortgage modifications, this article highlights areas where modification is viable even under current law, and addresses the procedure to bring the matter before the court and ways to maximize modification rights.
Asserting The Fifth Amendment: A Trustee's Perspective (Trustee Comment) Recognizing that the 341 meeting is a significant legal event, with consequences which could potentially lead to criminal charges, Kathleen A. Laughlin provides a chapter 13 trustee's perspective on the assertion of Fifth Amendment claims.
Getting Out Of The Disposable Income Box (Court Comment) Judge Dow presents, in connection with the complicated and confusing area of disposable income, a comprehensive and cogent analysis of the dominant issues and approaches. This is an article worthy of the attention of everyone attempting to understand current chapter 13 practice.
Court Removal of Chapter 13 Trustees (Court Comment) The bankruptcy court rremoval, sua sponte, of a chapter 13 trustee presents many issues. Judge Kressel is a member of the 8th Circuit BAP Panel which issued Morgan v. Goldman (In re Morgan), 375 B.R. 838 (B.A.P. 8th Cir. 2007). The BAP decision has been argued and is awaiting a determination from the 8th Circuit Court of Appeals.
One Trustee's Opinion (Trustee Comment) Chapter 13 trustees must prepare for the immediate impact of any new legislation. Cleve Reding wisely warns of some of the consequences of any new legislation authorizing bankrupt courts to modify previously protected home mortgages.
Filing Adversary Complaints to Recover Funds for the Bankruptcy Estate (Trustee Comment) Tracy L. Schweitzer, Staff Counsel To Henry E. Hildebrand, III, Chapter 13 Trustee Nashville, Tennessee, examines the use of adversaries by Trustees as asset recovery tools.
Why Can't We All Just Get Along? (Creditor Comment) Michael J. Stauber asks, “Why can’t we all just get along”? in an article containing suggestions for working successfully with creditor counsel.
Chapter 13 Trustee Considerations For Mortgage Modification Legislation (Trustee Comment) Chapter 13 trustees will have significant changes to consider in connection with the new legislation. Tracy Schweitzer's thoughtful article provides some suggested concerns.
The First Step: Understanding Some Common Foreclosure Terms (Creditor Comment) Kristin A. Schuler-Hintz helps the distressed homeowner understand some of the terms and options when facing foreclosure.
The Debtors’ Bar Anticipation and Preparation for the Passage of “Helping Families Save Their Homes in Bankruptcy Act of 2009” (Debtor Comment) It’s not too early to prepare for the new legislation. Lori Patton, an attorney representing debtors, offers some helpful suggestions.
Retaining the Expensive Home: In re Namie (Trustee Comment) James M. Wyman, who is the chapter 13 Trustee, in Charleston, S.C. and Beth G. Renno, who is his staff attorney, are the co-authors of this article, which examines the issue of whether a particular house may be too much house in a chapter 13 plan.
Why Everyone In Las Vegas Is Stripping Off (Second and Third Mortgages) (Debtor Comment) Too much mortgage - too little house. If you encounter this situation, this article emphasizes how valuation is key to providing a debtor with options.
Planning for Attorney Disability or Death Judge Pat E. Morgenstern-Clarren (N.D. Ohio) offers compelling thoughts on the seldom considered ethical, best practice and personal implications of the disability or death of an attorney with a chapter 13 practice. This is an article well worth reading and, more importantly, following with appropriate action.
In re Royal: Defining Projected Disposable Income Post-BAPCPA (Trustee Comment) Keisha Hooks, staff attorney for Chapter 13 Trustee, Marilyn O. Marshall (N.D. Ill.), provides an analysis of a bankruptcy court decision addressing the complicated question of “projected disposable income”.
Who Pays The Mortgage? (Court Comment) Judge McManus examines the 9th Circuit’s Lopez decision and the related legal issues in connection with the “debtor pay/trustee pay” controversy surrounding ongoing mortgage payments during the life of a chapter 13 case.
Chapter 13 and Mortgage Workouts (Court Comment) Chapter 13 provides a cost-efficient and procedurally-fair way of monitoring performance of work-out agreements.
Bankruptcy Courts after the Financial Tsunami (Court Comment) Even before Senator Dodd’s recent introduction by of S. 3690, proposing a modification of 11 U.S.C 1322(b)(2), Judge Basil Lorch points out the contributions the bankruptcy courts could make to assisting the home mortgage component of the national economic crisis.
Vehicle Creditor Review of Indirect Plan Distribution (Creditor Comment) Preserving the automobile creditor's rights to payment and adequate protection.
Court Collaboration With Chapter 13 Trustees And UST (Court Comment) Working together works best.
Judge Gorman inquires – “Just what are we doing here?” (Court Comment) This article considers the importance of assessing, and continually reassessing a client’s goals in a chapter 13 case.
Motor Vehicle Trade-In: "Negative Equity" and the Hanging Paragraph (Debtor Comment) This article examines the issue of negative equity, particularly in connection with the Eleventh Circuit’s determination of this issue.
Some Thoughts and Experiences on the Paperless Office (Trustee Comment) Stepping through the steps to a Chapter 13 Trustee's Paperless Office.
Chapter 13 Myths: A Bankruptcy Judge dispels some common myths about Chapter while offering great advice to debtors or potential debtors.
Judge Gerling observes: If it ain’t broke, don’t fix it. (Court Comment); The Face of Chapter 13 (Debtor Comment); Discriminating Against Non-Priority Unsecured Claims (Trustee Comment); Chapter 13: It Works (Court Comment); Veterans' Benefits (Trustee Comment); Proof of Claim Best Practices (Creditor Comment); Good for the Goose? (Debtor Comment); A Bankruptcy Judge Comments on Proofs of Claim (Court Comment); Chapter 13 Audits: All Bark and No Bite? (Debtor Counsel); Loss Mitigation in the Changing Mortgage Market (Creditor Counsel); Business Expenses and CMI (Trustee Comment); Why Can't We Get Quicker Answers? (Court Comment); 401(k) Loans: More Than Meets The Eye (Trustee Comment); The Case for Conduit Mortgage Payments (Debtor Counsel); Loss Mitigation in Home Retention (Creditor Counsel).
The Loss Mitigation Option While We Wait For A Conclusion On Cram-Down Dan West, a creditor's attorney, notes although the proposed legislation, which may provide bankruptcy courts with authority to modify residential mortgages, has not been enacted, there are other avenues debtors may pursue with their mortgage lenders.
A Market-Based Approach To Debtors' Attorney Fees Judge Diehl provides a thoughtful discussion of the complicated issue of appropriate fees for the counsel for the debtor and explains the nuanced approach of the Atlanta court, which could serve as a model for other courts.
Why is all disposable income payable in Chapter 13? ALL disposable income – may not be the best approach. Judge Gene Wedoff provides a glimpse at “a fairer and more efficient approach to payment of future income in bankruptcy.”
Chapter 13 Under The Bankruptcy Act And Chandler Amendments Robert Goering, Sr., a bankruptcy attorney in Cincinnati, Ohio, who maintains an active bankruptcy practice representing debtors and creditors in consumer and business cases, began filing chapter 13 cases in 1963.
Judge Grant Considers Chapter 13 Judge Grant reviews some overlooked and under-appreciated opportunities only available to a debtor in a chapter 13 bankruptcy.
Judge Boulden employs her lengthy bankruptcy experience to view the current chapter 13 environment. This article catalogues multiple changes in chapter 13 over the years and concludes there is a continuity of elements which continue to allow for success.
Judge Littlefield stresses the significance of counsel focusing on their specific chapter 13 cases. This article reviews some of the proceedings which receive the attention of a judge hearing chapter 13 cases and warns of the danger of simply viewing repetitive issues as identical issues.
Judge Parsons: How Chapter 13 Could Be Even More Helpful In The Mortgage Crisis. This article considers the national financial problems and chapter 13’s present ability to assist debtors and creditors, which, with Congressional action, could provide an enhanced opportunity to address the mortgage crisis.
Judge Kennedy: Considering the Advantages of Chapter 13. Chapter 13 becomes a judge's favorite.
Judge Markell: A Great Business To Be In. Chapter 13 is the business of hope and redemption.
David Epstein Considers Chapter 13. Professor Epstein thinks there are just too many rules.
A Trustee's Perspective Debtor's Response to Trustee Creditor's Response to Trustee
A Creditor Attorney's Perspective Debtor's Response to Creditor Trustee's Response to Creditor and Debtor
A Debtor Attorney's Perspective Creditor's Response to Debtor Trustee's Response to Debtor and Creditor
A Debtor Attorney's View with responses by a Creditor's Attorney and a Chapter 13 Trustee; the Creditor Attorney's View and responses from the Debtor's Attorney and Trustee; and the Trustee's View, with replies from the Creditor and Debtor.
Ethics And Unbundling: Attorneys Agree With Clients About Unbundling Bankruptcy Services; But, Do Courts Agree With Attorneys About Unbundling Bankruptcy Services? This is the first in a series of articles examining the complicated issues presented by the attempted unbundling of legal services in bankruptcy proceedings.
I Was Just Following Orders: Both on the world stage and in local courtrooms, the words “I was just following orders” have a hollow ring and fail to provide an acceptable defense for unacceptable actions or, quite frequently, failures to act.
How Did This Happen To Me?: How did this ethics problem happen to me? It should come as no surprise that this simple column will not provide a once-and-for-all answer to that question; however, this column will identify one example which could be helpful in limiting, if not avoiding, the presence of that question in a legal career.
The Controlling Ethics Model: The controlling model must be the “Ethics Model,” i.e. the state and federal law which govern every attorney’s and law firm’s ethical obligations in the practice of law.
Listen, Download and Read Transcriptsof These Interviews
Henry E. "Hank" Hildebrand, III: Chapter 13 Trustee, Middle District of Tennessee
Andrea E. Celli: Chapter 13 Trustee, Northern District of New York
Hon. Roger L. Efremsky: U.S. Bankruptcy Judge, Northen District of California
Richardo I. Kilpatrick: Bankruptcy Attorney, Kilpatrick & Associates
American Bar Association Best Practices for Debtors' Attorneys
Ten Things To Ask When Selecting A Bankruptcy Attorney
U.S. Trustee's Chapter 13 Trustee Locator
Trustees' Education Network Library: Invaluable collection of information for debtors and other participants in the Chapter 13 process.
Light At The End Of The Tunnel: Proposed Legislation Permitting First Mortgage Cram Downs Under § 1322(b)(2) David Krieger (dkrieger@hainesandkrieger.com), a partner at Haines & Krieger, LLC, Las Vegas, Nevada, offers an analysis of the still moving target of Congressional legislation intended to, among other issues, authorize bankruptcy courts to make adjustments to the previously protected 1322(b) residential mortgage. Although such legislation may not be in its final form and has not been enacted, this article offers an examination of how such legislation might apply in a chapter 13 context.
Subprime Loans – Where It All Began A look at how the subprime mortgage market grew, and then imploded.
U.S. Foreclosures on track for a record breaking year.
California foreclosure sales increase 32% in May 2009.
Reverse Mortgages compared to Sub Prime Loans.
California Foreclosure Prevention Act.
Can HAMP and HARP save your home?
Rising housing inventories coincide with halted foreclosure sales.
Article on Hollywood horror movie “Drag Me to Hell”, about a lender who decides to foreclose.
Trans Union reports foreclosures up for nine straight quarters.
Article on Countrywide’s Mozilo being a target of a Federal lawsuit.
Freddie Mac announces changes to Relief Finance Mortgage Program.
New York governor calls for more Mortgage Reforms.
President signs new legislation giving new hope to HOPE.
Freddie Mac report shows lower interest rates causing decrease in ARM loans.
Expected 60% of future foreclosures caused by job losses.
1st quarter home prices drop by record 19.1%.
Chapter 13 not helping majority of filers keep their home.
Senate votes down cramdown bill.
Hope Now reports numbers for March 2009.
Article on 20% of all homeowners being underwater.
South Carolina Supreme Court halts Foreclosures.
Article on tightening of mortgage lending.
Poor hopes for passing Senate cramdown bill.
New York Times editorial in support of cramdown bill.
Office of the Comptroller tips on avoiding mortgage modification scams.
House Panel attacking predatory lending in mortgages.
DOJ investigation of Lender Processing Services, Inc.
How Sen. Specter’s switch to Democrats may help cramdown bill pass.
Article on dangers of mortgage foreclosure scams.
Government cracking down on mortgage scams.
Roadblocks as Cramdown Bill languishes in Senate.
National Association of Home Builders show that buyers are returning.
As moratorium ends, Foreclosures Return.
Banks walking away from Foreclosures.
Interview with Shelley Kaye, president REOMAC on real estate owned properties.
Home price decline through January 2009.
Foreclosure relief bill stalled in Senate.
“Cramdown” Legislation makes it through the House.
Blog view on Fannie and Freddie as wards of the state.
Article on Congressional Oversight Panel release of foreclosure report.
Full version of Senate Bill S.61.
Article on Florida foreclosure “Rocket Dockets”.
Record lows for home prices ending 2008.
Stalling foreclosures by requesting the Note.
Blue Dog Democrats hold up vote on housing bill.
Moderate democrats confront Pelosi with second thoughts on bankruptcy provisions.
Banks still in Denial, worsening foreclosure crisis.
Article on changes permitting cramdowns possible by end of February.
Pending law changes leave many questions for practitioners.
Several banks halt foreclosures while Administration decides on mortgage bailout.
President Obama to unveil foreclosure relief plan on Feb 18, 2009.
Article on pitfalls of proposed bankruptcy legislation allowing mortgage cramdowns.
NY Times Editorial on economic stimulus and mortgage modifications.
Viewing Chapter 13 cramdowns based on Chapter 12 experience.
Prof. Jean Braucher blog on direct payments versus conduit payments.
Article on cash strapped owners of foreclosed homes taking and selling home appliances upon leaving.
Article on effects of cramdowns on mortgage costs.
Both Parties moving to aid mortgage morass.
Article on unlikely foe to bankruptcy mortgage legislation.
Home prices continue to drop at record rate.
Article on MBA estimates as to true costs of cramdowns.
Article by John Conyers on why cramdowns will solve mortgage morass.
Credit Suisse article on effects of bankruptcy reform on foreclosures.
Miller’s proposed legislation would allow mortgage modification.
Flood of foreclosures worse than thought.
Article on nation’s judges like the power to modify mortgages.
Article on Chapter 13 Trustees/NACTT helping take on foreclosure problem.
Article on frustration of responsible homeowners who ask for help.
House Speaker supports mortgage modification through bankruptcy.
Article discussing whether financial crisis can get you out of a mortgage contract.
Article showing that mortgage cram downs are gaining steam.
Article on disastrous results of HOPE for Homeowners program.
Article favoring Bankruptcy as a solution to inevitable foreclosure.
National Plan for Loss Mitigation Released.
Liz Pulliam Weston article on Durbin’s proposed legislation.
Modifications doing little for delinquency rates.
New Jersey Governor calls for additional action to stem foreclosures.
Tips on how to pick the best modification as a distressed mortgage holder.
October pending home sales better than expected.
Martin Feldstein sees housing market bottoming in mid 2009.
Judge Leonard (NC) article on bankruptcy reform.
Mortgage mess results in more pets going to pound.
Fannie and Freddie temporarily suspend foreclosures.
Foreclosure counseling, a rescue or rip-off?
FHFA integrated and staff named.
Dynaxis wins HUD contract to service government insured mortgages.
U.S. Mortgage plan falls short.
85,000 homes lost in October.
Article on niche businesses profiting from foreclosure.
Article showing 1 of every 6 homeowners under water on their mortgage.
Article preferring bankruptcy to bailout of stock market.
Citigroup acquires Wachovia and absorbs $42 billion in losses.
Unclear how Bailout will assist in stalling foreclosures.
Jesse Jackson Jr. comments on Bailout treating symptoms but not the cause.
Wall Street Meltdown makes it hard to get home loans.
Article on whom to blame for the mortgage crisis.
WaMu failure partly blamed on role as originator of adjustable rate mortgages.
Warren Buffet’s home mortgage company does it right by not selling off its loans.
CNN’s Money Magazine Senior writer says Housing crisis responsible for Wall Street woes.
Why bailout Wall Street and not help those losing homes in sub prime fiasco?
The Government faces complications in helping struggling homeowners.
Treasury Secretary asks government to avoid same mistakes in takeover of Fannie and Freddy.
Foreclosures continue increase in Kansas.
Both administrations rethinking homeownership issues.
It’s a buyers market as they put the sellers to the test in granting concessions.
How the government takeover of the mortgage giants will affect mortgage rates.
Freddie and Fannie stocks drop 20% awaiting bailout.
Article on most sellers getting the short end of the stick.
Article explaining controls over appraisers are useless and add to mortgage morass.
Greenspan’s view on the mortgage crisis.
New York Times article discussing how Fannie and Freddie troubles increase mortgage rates.
Articles on increasing costs for mortgage loans.
Article on AIG losing $5 billion in second quarter.
Money Magazine articles of interest on housing market.
Wall Street Journal article on state court judges stiffening foreclosure standards.
Article on rising mortgage rates.
National Public Radio article on President Bush dropping opposition to Housing Bill.
Article in Consumer Affairs as to why BAPCPA affects lenders, borrowers, and increases foreclosures.
Gretchen Morgenson article on difficulties of communicating with mortgage lenders.
Wall Street Journal article criticizing Dodd-Frank FHA Bill.
Christian Science Monitor article on failure of Fannie Mae and Freddie Mac.
Bankruptcy Law Network article on bogus claims being filed in mortgage cases.
Wall Street Journal article on tracking foreclosure statistics.
Law Professor Blog article on Gov. Schwarzenegger signing legislation to protect mortgage borrowers.
Article describing how another Credit Union bites the dust because of defaults on mortgage loans.
Article criticizing proposed legislation to deal with mortgage crisis.
Terry Savage’s article reviewing bankruptcy options, including chapter 13.
Gretchen Morgenson’s article reviewing the Bank of America buyout of Countrywide Financial.
News Article explaining the opportunities available by considering a chapter 13 bankruptcy filing.
Florida proposal to control "foreclosure rescue" service providers.
Tax consequences in connection with losing a second/investment home.