Electronic Disbursements to Debtors’ Attorneys
Attention Debtors’ Attorneys: You can now have my office pay your fees to you via direct deposit instead of by
Category: Practice Tips
Supreme Court Rules on Important Automatic Stay Issue
It’s a common situation: creditor repossesses a car prepetition; debtor files a chapter 13 case and asks for a return of the car. Does the creditor violate the automatic stay by retaining the car? Read about the Supreme Court’s January 14, 2021 opinion.
Sixth Circuit Opinion on 401(k) Contributions; Update on Zoom 341 Meetings
In this post I discuss the recent 6th Circuit decision on whether a debtor can exclude 401k contributions from disposable income, and I give an update on Zoom 341 meetings.
Update on Zoom 341’s; Tax Returns Not Filed; Mortgage Forbearance Agreements in Chapter 13
This post provides an update on Zoom 341’s and the procedure for emailing Zoom info to debtors’ attorneys; describes a new process for submitting proof that debtors have filed all required tax returns; and gives a short mention of modifying the plan to deal with mortgage payments that are suspended under a forbearance agreement.
Section 341 Meetings by Zoom in EDKY – Procedures
In the previous post I discussed general information about doing 341 meetings by Zoom. This post explains the procedure for scheduling, noticing, and conducting the meeting.
Section 341 Meetings by Zoom in EDKY – General Information
Starting April 15, 2020, all meetings of creditors in chapter 13 cases in the EDKY will be conducted via Zoom. In this post, I will address some general concerns practitioners might have about using Zoom for 341 meetings.
341’s via Videoconferencing; Stopping ACH Plan Payments; Prime Rate of Interest
Section 341 meetings will be conducted via Zoom. Prime interest rate is 3.25%. ACH bank drafts can be stopped on written request. Read on for details.
The Impact of the CARES Act on Chapter 13 Cases
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law on Friday, March 27, 2020 and includes provisions that may have an effect on debtors and creditors in chapter 13 cases. Read on for more details.
Miscellaneous: EDKY Trustee Operations; Payroll Deduction Orders; E-Signatures
This post covers more changes in operations and procedures caused by the COVID-19 crisis: my office operations; stopping payments by payroll deduction order; and e-signing petitions. Read on.
“I Can’t Make My Plan Payments Right Now”: These Policy and Procedure Changes Might Help
Due to the present health and economic crises, we are making changes to the procedures and policies regarding motions to dismiss for nonpayment and probation orders in the EDKY. These changes will remain effective until further notice. Read on for more details.
