Mortgage Billing Statements for Debtors in Bankruptcy – What Attorneys in the EDKY Need to Know

April 26, 2018 CFPB / Mortgages / Practice Tips / _Read This

Mortgage servicers are now required to provide monthly billing statements to debtors in bankruptcy, with limited exceptions. Debtors’ attorneys and creditors’ attorneys in the EDKY need to know about this important amendment to RESPA and TILA, which became effective on April 19, 2018. This post gives a very oversimplified summary of the rule, with a link to a more detailed article and sample billing statements.

New Bar Date After December 1, 2017 – Have You Remembered to File Claims?

February 19, 2018 claims / Federal Bankruptcy Rules and Forms / Practice Tips / Secured Claims

If the debtor filed a petition between Dec. 1 and Dec. 10, 2017, then as of the date of this post, the creditors’ bar date has passed. Creditors, if you didn’t file a proof of claim in those cases, it’s too late. Debtors attorneys, do you know when you may file claims on behalf of creditors? Read on.

The UK Consumer Bankruptcy Law Conference, Mar. 22-23, 2018

February 13, 2018 Practice Tips / Seminars

It’s time to register for the UK Consumer Bankruptcy Law Conference, March 22-23, 2018, Marriott Griffin Gate, Lexington KY. This year’s seminar offers a great agenda, a full year’s worth of CLE credits, and the inaugural Chip Bowles Memorial Keynote Lecture. Continue reading for more information, including a link to the brochure and registration form.

The New Chapter 13 Plan in Operation: The Good, The Bad, and The Ugly

January 4, 2018 Local Rules and Forms / Practice Tips

The new chapter 13 plan form has been in use for a month. Some aspects of the form work well, but attorneys for debtors and for creditors need to be aware of common glitches and problems to watch for.

Prime Rate; Bar Dates; & Other New Plan-Related Topics

December 18, 2017 claims / Federal Bankruptcy Rules and Forms / Local Rules and Forms

This post includes a little bit of information on several topics:
– last week’s increase in the prime rate of interest;
– bar dates in cases that convert to chapter 13;
– estimating trustee’s fees in the plan;
– problems with 522(f) lien avoidance calculations in the plan.

Trends and New Developments: Learning from Court Orders

December 6, 2017 Automatic Stay / insurance / Practice Tips

When I see a similar court order entered in several cases, I begin to watch for new developments or trends. Is the court communicating a new policy? Are different attorneys making the same mistake? Read on to learn about two common errors the court is trying to correct on a case-by-case basis.

EDKY Chapter 13 Plan and Other Forms Now Available in MS Word

November 30, 2017 Local Rules and Forms / Practice Tips

MS Word versions of the following forms are available for download:
Chapter 13 Plan (12/1/17);
Order for Adequate Protection (12/1/17);
sample motion and order for adequate protection (optional, for use by creditors).