The U.S. Supreme Court recently held that a creditor does not violate the FDCPA by filing a proof of claim for a debt that is past the statute of limitations. What do practitioners in Kentucky need to know about statutes of limitations on credit card debts before filing or objecting to claims?
The deadline for comments to proposed KYEB Local Rules and Forms is July 15. The ABI Midwest Regional Bankruptcy Seminar is offering discounted rates to consumer attorneys. And the ABI Consumer Commission wants input from practitioners. Read on for more details on these topics.
Lawyer suicide. We talk about the collegial atmosphere in the bankruptcy legal profession, but that doesn’t prevent an attorney from taking his or her own life. Read on about the upcoming 6/27/17 ABA event #LawyerSuicideAwareness, and important ABA and KBA resources for attorneys and staff. Please don’t skip this important post.
UPDATE: Kentucky CLE has been approved. Here is a link to the information on the KBA’s website where you can get the sponsor name and activity code.
You can download the certificate of attendance form here.
Significant changes in the Federal Rules of Bankruptcy Procedure become effective on December 1, 2017. For example:
Secured creditors will be required to file claims by the bar date.
The bar date for most claims (secured and unsecured) will be 70 days after the petition date.
The plan will need to be served like a complaint in an adversary proceeding if the plan values collateral or avoids liens.
The chapter 13 plan will change.
Read on, and learn about the July 15 deadline for commenting on the proposed local chapter 13 plan and other local rules and forms.
The prime rate of interest increased a quarter of a point to 4% effective March 16, 2017. Read on for information on how this affects chapter 13 plans in the EDKY, and what other interest rates are applicable to secured claims.
Frequently, debtors who seek bankruptcy relief under chapter 13 have not yet filed some of their tax returns with the IRS or state taxing authority. Section 1308 of the Bankruptcy Code gives chapter 13 debtors an opportunity to get those returns filed so they can deal with their tax debts in the chapter 13 case, but there are deadlines to be met and consequences for failure to comply. Until all tax returns for the previous four years are filed, the plan cannot be confirmed, and if the returns are not timely filed, the debtor’s case could be dismissed. [More]
Property taxes on real estate in Kentucky constitute a statutory lien on the property. Under state law (KRS Chapter 134), the lien has priority over any other debt on the property. If the property were to be sold, property tax claimants are paid ahead of any mortgages or other liens. How should delinquent property tax claims be treated in a chapter 13 case? Practitioners first need to understand what happens to delinquent property taxes under state law.
When debtors cannot comply with terms of a confirmed plan due to unexpected circumstances, the noncompliance cannot always be fixed by modifying the plan or seeking court approval after the fact. This post is about two cases that were dismissed for reasons you might find surprising (but shouldn’t).