Much has happened since my last post. It will take time for me to catch up, but in the meantime here is a list of a few “recent” developments. I’ll write about several of these (and other topics) in more detail in the weeks to come.
- The 2020 UK Consumer Bankruptcy Law Conference will be held on April 16-17, 2020, at the Marriott Griffin Gate. We could use a few sponsors. Contact Kevin Bucknam, kbucknam@uky.edu. To register, go to http://law.uky.edu/calendar/15th-biennial-consumer-bankruptcy-law-conference.
- Interest rates:
- The prime rate of interest is 4.75% as of Oct. 31, 2019.
- The IRS interest rate on tax debts remains at 5% for the first quarter of 2020.
- The interest rate on taxes owed to the Kentucky Department of Revenue is 7%.
- New bankruptcy laws enacted in 2019:
- Honoring American Veterans in Extreme Need Act of 2019 (the “HAVEN” Act): excludes certain veterans’ disability benefits from current monthly income. Related “means test” forms have been amended.
- Small Business Reorganization Act of 2019 (“SBRA”):
- creates a new Subchapter V to Chapter 11 to enable small businesses to reorganize more efficiently;
- amends section 547(b) to require a trustee to consider potential affirmative defenses before suing to recover preferences;
- increases some dollar amounts that affect the venue of certain recovery or avoidance actions.
- Family Farmer Relief Act of 2019: increases the maximum debt allowed to qualify as a “family farmer” under Chapter 12.
- National Guard and Reservists Debt Relief Extension Act of 2019: extends the exemption from the presumption of abuse under Chapter 7 for certain qualified service members.
- Amended Bankruptcy Rules and Forms (eff. 12/01/2019):
- Rule 4001(c)(4) – Rule’s requirements for obtaining credit are not applicable in a chapter 13 case.
- Rule 6007(b) –provides a procedure for filing motion for abandonment.
- Rule 9036 – permits notice and service by electronic means.
- Rule 9037 – provides a new procedure for seeking to redact or restrict public access to a previously filed document.
- New Director’s Form B1340 – application for payment of unclaimed funds.
- 6th Circuit BAP opinion: include nonstandard provision in plan to preserve a 910-creditor’s lien retention rights. In re Donnadio, 608 B.R. 507 (6th Cir. BAP, Nov. 25, 2019).
- EDKY opinion on treatment of co-signed debts in Chapter 13 cases: In re Brown, Case No. 19-20011, ECF No. 56 (Bankr. E.D. Ky., slip op. Nov. 15, 2019), http://www2.kyeb.uscourts.gov/opin/wiseopin/19-20011%20In%20re%20Brown%20Memorandum%20Opinion%20and%20Order.pdf
- EDKY opinions on late claims – a late claim filed by a creditor who was not scheduled or listed on the mailing matrix is disallowed in a chapter 13 case.
- In re Fryman, Case No. 18-20660, ECF No. 64 (Bankr. E.D. Ky., slip op. July 24, 2019) http://www2.kyeb.uscourts.gov/opin/wiseopin/18-20660%20Fryman.pdf .
- In re Bales, Case No. 18-52257, ECF No. 85 (Bankr. E.D. Ky., slip op. July 30, 2019).
- EDKY opinion disallowing claim related to property tax debt remaining after sale of property: In re Nagle, Case No. 19-20055, ECF No. 58 (Bankr. E.D. Ky., slip op. Dec. 5, 2019),
- http://www2.kyeb.uscourts.gov/opin/wiseopin/19-20055%20In%20re%20Nagel%20Memorandum%20Opinion%20and%20Order%20Disallowing%20POC.pdf .