Bankruptcy Trustees

Register Today for NACBA’s 2017 Virtual Bankruptcy Workshop

NACBA’s panel of experts will examine the new and amended bankruptcy rules, national uniform plan and local plans.  While your district may be using its own local plan, many plans use language substantially similar to the national form plan.  Find out what issues may arise and how to litigate them.  Does your local plan meet the legal requirements of Bankruptcy Rule 3015.1?  What districts are using the national plan, national plan lite or original local plans? Join us to find out.

Some of the issues that will be discussed in this seminar include:

  • Under Amended Rule 2002(a)(9) is the Bankruptcy Clerk’s office going to assume the responsibility of notifying all creditors of the deadline to file an objection to confirmation
  • When is the earliest possible hearing date for confirmation under the new rules?
  • If no objections are filed can the Court confirm the plan without hearing?
  • Does the 7-day deadline to file an objection to confirmation apply to chapter 13 trustees as well?
  • Why was the lien protection for secured creditors added in amended Rule 3002(a)?
  • What effect will the change in deadline to file claims have on creditors and debtors?
  • Does amended Rule 3002(c)(6) mean that creditors effectively have carte blanche to file claims late?
  • What exactly do claims for residences have to include?  What can be left out and why?
  • When objecting to claims what official form has to be used?  Has the entity to be given notice changed?
  • Do the amended rules allow debtors to determine secured and priority amounts through the plan?  What if the district is using a local form plan?
  • Can debtors do a lien strip using the plan?  How?
  • When should new rule 5009(d) be used, at the beginning or end of case?  How do attorneys get paid for the work?
  • Has your local chapter 13 form plan qualified under the requirements of new Bankruptcy Rule 3015.1?  If not what can you do?
  • Which jurisdictions have opted to use a local plan?  Are those plans similar or completely different than the uniform plan?   What if your district hasn’t officially adopted a local plan but is working on it.  Which plan should you use?
  • What additional language can be used in the non-standard section of the plan?  Give us lots of examples.
  • How do attorney’s fees get paid under the uniform plan?  Is there suggested distribution language to use in plans to insure attorneys are paid?

Materials for the workshop include:

  • Copies of red-lined rules and the national uniform plan;
  • Copies of NACBA and NCBJ’s comments to proposed rules;
  • Recommended non-standard plan language add-ins including but not limited to 524(i) language, partial cram down of non-PMSI, lien strip off in chapter 20 cases, modification of the stay adjustments, attorneys fees and priority of payments under the plan.
  • Map/list of districts using uniform plan vs. local plans;
  • Copies of form motions and briefs to challenge local plans.

Here’s All The Information You Need to Get Registered Today!

Register HERE

  • You must be logged in to receive the member rate. See help video.

Dates: December 7-8, 2017
Time:12:00 PM – 3:00 PM Eastern (Both Days, Part I & 2)
Rate: NACBA Member Fee: $199 Non-Member: $369
Format: Live Presentation, both days, with Q&A.
Includes: All Materials, Certificate of Attendance & Recording Access.

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NACBA’s Latest Washington Update

 

Read the latest update from Washington, designed to keep NACBA members informed about significant and relevant activity on the part of Congress, regulatory agencies and interest groups/think tanks.

ON THE HILL  A vote in Senate on the Consumer Financial Protection Bureau’s arbitration regulation is imminent. Republican leaders are considering whether to bring to the Senate floor a bill that would kill the arbitration regulation finalized by the CFPB this summer using a special legislative tool that allows them to avoid a Democratic filibuster if they act within 60 legislative days of implementation. Senators Johnny Isakson (R-GA) and David Perdue (R-GA) are cosponsors of the legislation in the Senate. The debate comes three weeks after a public outcry compelled the Atlanta-based Equifax to quickly drop so-called forced arbitration language from the terms of service of the free credit monitoring service it was offering its customers after its massive data breach. The House of Representatives already passed a “resolution of disapproval” to revoke the CFPB’s arbitration rule. A total of 23 Senate Republicans filed a resolution at the end of July to rescind the CFPB rule. Senator Sherrod Brown (D-OH), ranking member of the Senate Committee on Banking, Housing, and Urban Affairs, has promised to fight to keep the rule.

IN THE AGENCIES On September 14th, Clifford White, Director of the Executive Office of the U.S. Trustees addressed the National Association of Bankruptcy Trustees at the 35th Annual Convention. He discussed topics that included chapter 7 trustees, guidance on natural disasters, marijuana assets, and stale debt claims—to name a few. Amongst things he noted for natural disaster guidelines were: the US Trustee Program (USTP) will not take enforcement action against debtors who are unable to file or produce documents required by the Code as a result of a natural disaster, if they otherwise are eligible for relief; USTP will not move to dismiss under the “means test” if income loss, increased expenses, or other consequences of a natural disaster constitute “special circumstances” sufficient to rebut the presumption of abuse; and even if conditions do not justify a United States Trustee granted statutory waiver of the credit counseling requirements for a district, USTP will exercise prosecutorial discretion in considering whether to take action to dismiss the case of a debtor who, as a result of a natural disaster, experiences difficulty in obtaining a credit counseling certificate or whose filing was delayed beyond the 180-day period following the debtor’s receipt of credit counseling.

The Federal Trade Commission launched a web page highlighting the work of the agency’s new Military Task Force, which is aimed at identifying the needs of military consumers and developing initiatives to empower servicemembers, veterans, and their families, including through law enforcement actions. The Military Task Force, comprised of a cross-section of agency representatives, is part of the FTC’s ongoing and collaborative effort to provide resources for the military community. Servicemembers, like all consumers, are potential targets for fraudsters. Certain scams are more likely to target the military community because those families may relocate frequently and because many service members are living on their own and earning a paycheck for the first time.

FROM THE INTEREST GROUPS Following the U.S. Trustee Program’s recently issued guidelines for natural disasters mentioned above, NACBA and NCLC wrote a joint letter urging for stronger relief for bankruptcy debtors in Texas, Florida, and Puerto Rico proportionate to the serious problems those hurricane victims are now facing. Specifically, NACBA and NCLC request USTP approve a waiver of credit counseling requirements in the areas of Texas, Florida, and Puerto Rico affected by Hurricanes Harvey, Irma, and Maria.

OTHER A report was recently published that analyzed issues of bankruptcy and race in America. Interested parties can access the report online.

 

Feedback should be directed to Krista.DAmelio@NACBA.com