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Don’t Forget: Five Days Became Seven Days for Waiver of Prepetition Briefing

Section 109(h)(3)(A)(ii) was amended effective December 1, 2009, to increase from five days to seven days the time within which a prospective debtor must be unable to obtain briefing services to qualify for the 30-day waiver in § 109(h)(3)(B). The Statutory Time Periods Technical Amendments Act of 2009, Pub. L. No. 111-16, 123 Stat. 1607 (2009), made this change, but not everyone got the word. Read more . . .

Latest Case Updates &
Revisions to Chapter 13 Bankruptcy, 4th Ed.

Added Wednesday, August 31, 2010:
59 New Cases Added to the Updater.

Added Wednesday, August 25, 2010:
64 New Cases Added to the Updater.

Added Friday, July 30, 2010:
102 New Cases Added to the Updater.

Added Wednesday, July 14, 2010:
65 New Cases Added to the Updater.

Added Thursday, July 8, 2010:
6 Treatise Sections Revised.

Added Wednesday, June 30, 2010:
72 New Cases Added to the Updater.

Added Thursday, June 10, 2010:
129 New Cases Added to the Updater.

Added Friday, May 28, 2010:
39 New Cases Added to the Updater.

Added Friday, May 21, 2010:
53 New Cases Added to the Updater, and
1 Treatise Section Revised: § 99.1 – What Claims Are Priority Claims?

Added Wednesday, May 12, 2010:
4 Treatise Sections Revised

Added Monday, May 10, 2010:
108 New Cases Added to the Updater

Added Wednesday, April 21, 2010:
23 Treatise Sections Revised, and New Section Added: § 496.2 – Good-Faith Plans after BAPCPA.

Added Tuesday, April 6, 2010:
99 New Cases Added to the Updater,
Treatise § 524.1 – Postpetition Claims Revised

Added Tuesday, March 30, 2010:
17 New Cases Added to the Updater,
4 Treatise Sections Revised, and
March 2010 Bulletins.

Added Monday, March 29, 2010:
54 New Cases Added to the Updater

Added Monday, March 22, 2010:
501 New Cases Added to the Updater, and
13 Treatise Sections Revised.

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FIFTH CIRCUIT VACATES CLASS ACTION CERTIFICATION

Class action certifications have become more common in Chapter 13 cases—especially when debtors contest the validity of actions by mortgage creditors and servicers, such as nondisclosure of postpetition fees and charges. The Fifth Circuit has struck a blow to certification in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), No. 09-20415, 2010 WL 2433091 (5th Cir. June 18, 2010) (Reavley, Prado, Owen), vacating a class action certification by the bankruptcy court in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 404 B.R. 841 (Bankr. S.D. Tex. Mar. 24, 2009) (Bohm). The plaintiffs in Wilborn alleged that Wells Fargo, as the mortgage holder or servicer, had charged or collected, unreasonable and unapproved postpetition attorney fees and other costs during Chapter 13 cases, in violation of Bankruptcy Rule 2016 and Code § 506(b). The bankruptcy court certified a class action for its district only, not nationwide. The Fifth Circuit granted Wells Fargo permission to appeal. Read more . . .

EIGHTH CIRCUIT BAP HOLDS THAT INHERITED IRA IS EXEMPT

In a recent editorial, we discussed the holding of In re Chilton, 426 B.R. 612 (Bankr. E.D. Tex. Mar. 5, 2010) (Rhoades), that an IRA inherited by the Chapter 13 debtor from her mother was not exempt under § 522(d)(12) (see Chilton: Inherited IRA Not Exempt Under § 522(d)(12)). The Eighth Circuit BAP has disagreed in a Chapter 7 case, Doeling v. Nessa (In re Nessa), 426 B.R. 312 (B.A.P. 8th Cir. Apr. 9, 2010) (Schermer, Venters, Saladino). In Nessa, the debtor inherited an IRA from her father and then made a “trustee-to-trustee transfer of the IRA to her own account.” The Nessa debtor made no contributions of her own funds to the inherited account and made no withdrawals. Read more . . .

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You know how quickly the Ch13 world can change, and how simply keeping up simply isn't enough. That's why we've converted and expanded Chapter 13 Bankruptcy, 4th Ed. by Keith M. Lundin and William H. Brown into an online service that we can update continuously. The top Treatise on Ch13 by two of the most respected authors in the field now changes as fast as Ch13.

Chapter 13 Bankruptcy, 4th Ed.
by Keith M. Lundin and William H. Brown

CHAPTER 13 BANKRUPTCY, 4th ED. by Keith M. Lundin and William H. Brown contains a tremendous amount of information in one easy-to-use online system. It opens in its own window, and we find it most easily viewed on its own monitor in "full-screen" mode ("F11" in most browsers, or Tools/View > Full Screen).

THE UPDATER™ – is a huge database of cases – 7,900 and counting – organized in sections exactly like Chapter 13 Bankruptcy, which the authors have read and summarized, and which are on-deck to be added to the Treatise. Some areas of Chapter 13 law don’t change often; other aspects are changing constantly. We prioritize the revision of sections to reflect where the law has changed and where the changes are most important. But because we know that you want all the cases in your district and circuit, even if they haven’t made it into the text of the Treatise, you get them in the UPDATER.™

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