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"So I says to Greg..."

Gregory A. Holbus, Esq. is a Green Bay, Wisconsin-based bankruptcy attorney licensed to practice in both Wisconsin and Michigan. To learn more about Greg, you can visit his website (www.holbuslaw.com) or his blog (wisconsinbankruptcy.blogspot.com).

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Greg Holbus, Esq.

U.S. Supreme Court to decide Means Test Issue, In re:  Lanning

Before I get to the heart of the story, allow me to give you a quick refresher about the Means Test and what it means for a bankruptcy petitioner.

To grossly over-simplify the Means Test, it is basically Congress’ attempt to create a mathematical formula to objectively determine how much money, if any, a debtor can afford to pay to creditors holding unsecured claims. It (Form B22) determines whether you qualify for a Chapter 7, in which all of your unsecured creditors are discharged. And if you don’t qualify for Chapter 7, the same form determines how much income is available to those creditors.

A number of statutory deficiencies exist which have given rise to disputes and some bizarre interpretations to several aspects of the Means Test, often resulting in gross inequities. One example is whether a Chapter 13 debtor can take deductions on the Means Test for payments on a secured debt which the debtor intends to surrender because the payments are contractually due at the time of filing. In re: Dionne, in the Eastern District of Wisconsin says they can. I feel awkward writing about that decision because for one thing – this decision is favorable to debtors, and I am a debtors’ counsel. Also, I have nothing but respect for the judge who rendered the decision.

But I respectfully disagree that a debtor should be allowed to deduct payments on a loan that the debtor knows full well they will not pay again in the future.  Fortunately for me, (more…)

Just a quick FYI to let readers know that I’ve joined the National Association of Consumer Bankruptcy Attorneys (NACBA).

I’m glad to be a member and look forward to learning the secret handshake if one exists.  If it does, it would be great if someone out there could email me the protocol.  Or perhaps send me a YouTube video so I can observe and practice?  (I promise not to have it illustrated in a cartoon.)

Secret handshake or not, I look forward to meeting and connecting with fellow NACBA members.

• Click here to tell the ABA Journal if you think the Bankruptcy Bill site (including the Bankruptcy Bill and BAPCPA Man cartoons, bankruptcy haiku and the “Bankruptcy Lover” song) should be included in the Top 100 law blogs:  http://www.abajournal.com/blawgs/blawg100_submit Deadline is October 2.
  

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here to see BAPCPA Man #7 – BAPCPA Man vs. Mortgantua – Part 1, and here for all previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

More information on MORTGAGES, FORECLOSURE and LOAN/MORTGAGE MODIFICATION:

Here’s a nice “infographic” on the steps in the Foreclosure Process in Nevada made available in PDF format by the Legal Aid Center of Southern Nevada.  And if you’re just looking for bankruptcy information, here’s a helpful bankruptcy link.

Below are some useful posts from bankruptcy lawyer blogs on the topics of mortgages, foreclosure, loan modification and the Making Homes Affordable Program.  (Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs. And get in touch if you have a blog and don’t see it listed.)

George Haines, Esq. and David Krieger, Esq. (Haines & Krieger) (Las Vegas, NV)

• Do you qualify for a loan modification?
• Should I intentionally miss mortgage payments to qualify for loan modification?
• Loan Modification: The NOT Making Homes Affordable Program
• Nevada has highest foreclosure rate in the U.S. for 31st straight month
• What’s so great about foreclosure mediation?

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Brooklyn Judge gives New York homeowners a fighting chance against foreclosure
• New York foreclosures likely to continue as ARMs begin to re-set over next 4 years
• Can I keep my home if I file for bankruptcy in New York?
• Subprime loan modification companies

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• Why I Won’t Negotiate Loan Modifications
• Many New York Foreclosure Suits Are Dismissed Because They Are Defective
• Is a Short Sale a Reasonable Alternative to Foreclosure on Long Island?

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Loan Modification Myths Busted
• If I Do Not Reaffirm My Mortgage in Chapter 7, Do I Automatically Lose Title to my House?

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Mortgage Modification in Chapter 13 Bankruptcy
• Selling Your Home When You’re Broke
• Congress Passes Anti-Foreclosure Bill

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

• Click here to tell the ABA Journal if you think the Bankruptcy Bill site (including the Bankruptcy Bill and BAPCPA Man cartoons, bankruptcy haiku and the “Bankruptcy Lover” song) should be included in the Top 100 law blogs:  http://www.abajournal.com/blawgs/blawg100_submit (Update:  There was a problem with the link but it should work now.)

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

For a more in depth explanation of the automatic stay, have a look at the Wikipedia entry.  Also see posts on the topics of automatic stay and debt collection by the following bankruptcy lawyers on their blogs:

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Dealing with debt collector harassment in New York

Haines & Krieger (Las Vegas, NV)

• What can I do about debt collector harassment in Las Vegas?
• Creditors giving money to debtors? Punitive damages and the automatic stay

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• How Quick Will Creditors Stop Calling Me If I File Bankruptcy?
• What Are Your Rights If a Creditor Violates the Automatic Bankruptcy Stay?
• More posts on the topic of automatic stay and debt collection by Craig Robins.

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Despite the Debtor’s Mishaps Bankruptcy Court Grants Stay
• Can Bankruptcy Help Stop Repossession?

Click here for a state-by-state list of bankruptcy lawyers with blogs.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

Below are some helpful posts from bankruptcy lawyer blogs on the topics of mortgages, foreclosure, loan modification and the Making Homes Affordable Program.  Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs.  (And get in touch if you have a blog and don’t see it listed.)

Update 9.10.09: There’s a great piece on NPR about foreclosures and the black-box decision making process regarding loan modifications (“Major Banks Still Grappling with Foreclosure“).  At one point, there’s a clip of reporter Chris Arnold in the Bank of America call center, listening over the shoulder of a call center rep who tells a homeowner they’re not eligible for a loan modification.  Arnold questions the rep and receives a not so satisfying explanation.  The issue is raised with the supervisors and it turns out the homeowner was in fact eligible for a loan modification.  How frequently is this scenario replaying itself?

George Haines, Esq. and David Krieger, Esq. (Haines & Krieger) (Las Vegas, NV)

• Do you qualify for a loan modification?
• Should I intentionally miss mortgage payments to qualify for loan modification?
• Loan Modification: The NOT Making Homes Affordable Program
• Nevada has highest foreclosure rate in the U.S. for 31st straight month
• What’s so great about foreclosure mediation?

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• Brooklyn Judge gives New York homeowners a fighting chance against foreclosure
• New York foreclosures likely to continue as ARMs begin to re-set over next 4 years
• Can I keep my home if I file for bankruptcy in New York?
• Subprime loan modification companies

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• Why I Won’t Negotiate Loan Modifications
• Many New York Foreclosure Suits Are Dismissed Because They Are Defective
• Is a Short Sale a Reasonable Alternative to Foreclosure on Long Island?

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Loan Modification Myths Busted
• If I Do Not Reaffirm My Mortgage in Chapter 7, Do I Automatically Lose Title to my House?

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Mortgage Modification in Chapter 13 Bankruptcy
• Selling Your Home When You’re Broke
• Congress Passes Anti-Foreclosure Bill

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

Note:  If you are viewing this site using Internet Explorer, you may not be able to view items in the sidebar.  Clicking on any page or post will cause sidebar items to appear.

(Click image to see earlier sketch version of cartoon.)

*Correction:  The cartoon previously referred incorrectly to a “Chapter 7 repayment plan.”  Apologies for the confusion.

Below are some helpful posts from bankruptcy lawyer blogs on the topics of unemployment, median income and the means test.  Go to the BK Lawyer Blogs page on this site to see a full state-by-state list of bankruptcy lawyer blogs.  (And get in touch if you have a blog and don’t see it listed.)

*Also, for anyone trying to figure out their median income, Best Case has a free on-line median income calculator for any state.

Bruce Weiner (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• The Means Test and the Unemployment Trap

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• The Means Test is Often the Key to a Successful Chapter 7 Bankruptcy Case
• Long Island Economy: Jobs Down; Unemployment Up; Bankruptcy Up

Haines & Krieger (Las Vegas, NV)

• The “Means Test” and the Median Income for Nevada

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Chapter 7 and Middle Class Debtors
• How are Year End Bonuses Treated in a Median Income Test Calculation?

Reed Allmand, Esq. (Allmand & Lee) – Reed’s Bankruptcy Attorney Blog (Dallas and Ft. Worth, TX)

• Facing a Job Loss? Don’t Panic!
• Do You Have the Means to File Chapter 7?

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

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Bankruptcy Billables is an overview of bankruptcy-relevant coverage and discussion from various law-related blogs.

Law Shucks

• links for 2009-08-22 – Mentions Bankruptcy Bill #19 – Law firm raids)
• This Week in Layoffs – 8/21/09
• Reading List for Deal Lawyers – Includes excellent summary of Eat What You Kill by Milt Regan.  (Eat What You Kill is also one of the books in Bankruptcy Bill’s Summer Reading List.)

Point of Law

• Will Number 25 Be The Charm? – S. Todd Brown reviews and analyzes the latest developments in the seemingly endless Congoleum asbestos bankruptcy case.

WSJ Bankruptcy Beat

• Can You Pay My Bills?
• Coyotes Hometown Seeks to Block Gretzky Claim
• Recession Scares Morbid Industries Into Liquidation
• Forget Speidi; Meet Markus and Indrani
• Where’s Schwarzenegger When You Need Him?
• Lucky Dog: Dykstra Values Pooch at $10,000

Creditslips.org

Going Concern

• Preliminary Analytics | 08.26.09 – Madoff & JP Morgan; Colonial Bank-ruptcy; U.S. Postal Service job cuts

Above The Law

• All the News That’s Fit to Recycle (NYT reports: ‘Legal job market is hard!’)
• How to Avoid Getting Fired (very funny video)
• Fall Recruiting Open Thread: Vault 6-10 (2010)
• The Mainstream Media Is Aware That Law Firms Exist, Right? – Commentary on the lack of media attention for the role that law firms played in enabling the global financial crisis.

BLT (Bankruptcy Lawyer Topics) is a periodic review and comparison of  consumer bankruptcy topics being covered on bankruptcy lawyer blogs.

• Click on BK Lawyer Blogs for a state-by-state list of bankruptcy lawyers with their own blogs.
• Have a blog post you think should be included? Or a suggestion for a future BLT theme?  Send an e-mail to bill [at] bankruptcybill [dot] us.
• Suggestion to bankruptcy lawyers with blogs: Make sure to include a “Search” function somewhere on your blog.  It makes it easier to find topical posts on your blog and increases the likelihood that a post from your blog will be included in BLT.
  

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TRUSTEE

ARKANSAS

Bankruptcy Savant – Arkansas Bankruptcy News and Info

• New Chapter 13 Trustees

CALIFORNIA

Hale Antico, Esq. – Los Angeles Bankruptcy Blog (Los Angeles, CA)

• Bankruptcy trustee with odd asset
• US Trustee’s Office median income – latest table
• US Trustee: Watchdog or Attack Dog?

Sagaria Law, PC – California Bankruptcy Lawyer Blog (San Jose, Freemon, Monterrey, Redwood City, Salinas, Sacramento, CA)

• Redwood City Bankruptcy Attorney Talks About the Different Trustees

COLORADO

James J. Pacifico, Esq. – Denver Colorado Bankruptcy Blog (Denver, CO)

• The United States Trustees’ 707(b) Declination

FLORIDA

Jordan E. Bublick, Esq. – South Florida Bankruptcy Law Blog (Miami, FL)

• Another Court Holds that Trustee Does Not Have the Ability to Administer Exempt Property for DSO Creditors
• Trustee Does Not Have the Ability to Administer Exempt Property for DSO Creditors

GEORGIA

Jonathan Ginsberg, Esq. – theBKLaw (Atlanta, GA)

• Will the Trustee Seize 100% of a Tax Refund if Only One Spouse Files Bankruptcy?
• Why Tax Refunds Payable to the Chapter 13 Trustee Will Do Little to Decrease Your Plan Balance
• Most Common Trustee Objections in Chapter 13 Cases – objection 1 – no payroll deduction
• You are Responsible for Your Chapter 13 Trustee Payments
• Trustees May Seize Exempt Property to Pay Domestic Support Obligation Debts
• New “debtor questionaire” form being used by trustees in Chapter 13 341 hearings

**  More posts about trustees after the jump ** (more…)

341 Meeting of Creditors

Here are some blog posts by real bankruptcy lawyers on the topic of the 341 Meeting of Creditors:

Bruce Weiner, Esq. (Rosenberg Musso & Weiner) – NYBankruptcyNet (Brooklyn, NY)

• What will happen at my 341 meeting of creditors in New York? by

Craig D. Robins, Esq. – Long Island Bankruptcy Blog (Woodbury, NY)

• How Much Should You Say at the Meeting of Creditors in Bankruptcy Court?
• Will Creditors Show Up for My Hearing in Bankruptcy Court?

Law Office of Gregory A. Holbus, Esq. – Wisconsin Bankruptcy Blog (Green Bay, WI)

• What happens if I file?  Do I have to go to Court?

George Haines, Esq. of Haines & Krieger (Las Vegas, NV)

• What happens during a Chapter 13 bankruptcy?

*BAPCPA Man would like to offer a special thanks to Eugene S. Melchionne – Connecticut Bankruptcy (Waterbury, CT) for his recent donation to the site.  Eugene, by the way, is currently serving as President of the Bankruptcy Law Network.

*Click here for  Bankruptcy Bill’s state-by-state list of bankruptcy lawyers with blogs.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.

(Click image to see earlier sketch version on Gideon Kendall’s blog.)

BAPCPA Background

For more background on the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (aka BAPCPA), read Professor Elizabeth Warren’s testimony to Congress (Feb. 10, 2005) and testimony by Professor Todd Zywicki (Feb. 10, 2005).  Also a range of helpful coverage and commentary on the debate, impact and effects of BAPCPA on Creditslips.org along with some of the continued debate between the perspectives of Professor Warren and Professor Zywicki here, here and here.

Bankruptcy Lawyer Blogs on BAPCPA

From the bankruptcy lawyer blog circuit, helpful posts on court interpretations of BAPCPA so far by Jordan E. Bublick, Esq. at South Florida Bankruptcy Law Blog, including a summary of the two schools of thought on BAPCPA by bankruptcy courts.   A post by Craig Robins, Esq. on LongIslandBankruptcyBlog about the evolving criticisms of the new bankruptcy law as of 2006.  Additional commentary on bankruptcy as a social safety net by Bruce Weiner, Esq. of Rosenberg, Musso & Weiner (Brooklyn, NY) on NYBankruptcyNet.  And a reflective look back at the passage of BAPCPA by Dave Krieger, Esq. of Haines & Krieger (Las Vegas, NV).

*Click here for  Bankruptcy Bill’s state-by-state list of bankruptcy lawyers with blogs.

*Click here for previous BAPCPA Man cartoons, or here for all cartoons on the site relating to consumer bankruptcy.

*To see more of Gideon Kendall’s work go to www.gideonkendall.com and gideonkendall.squarespace.com/journal.  Or order yourself a copy of Dino Pets, the wonderfully illustrated children’s book written by Lynn Plourde and illustrated by BAPCPA Man’s favorite illustrator, Gideon Kendall.