1/9/18 Understanding and Complying with the Fair Debt Collection Practices Act (FDCPA)

Please join us at the BBA for the following brown bag lunch program (rescheduled from 11/14/17):

Understanding and complying with the Fair Debt Collection Practices Act (FDCPA)

Tuesday, January 9, 2018 12:00 p.m. to 1:00 p.m.
Boston Bar Association
16 Beacon Street, Boston, MA

Sign up here: https://www.bostonbar.org/membership/events/event-details?ID=24500

Program Description:

Attorneys that are involved in consumer litigation, class actions, bankruptcy, and collections work must understand and comply with the FDCPA. Violations of the FDCPA may lead to statutory liability, penalties and costly litigation.  This program will examine the basic requirements of the FDCPA and take an in-depth look at the recent cases on the law, including the Supreme Court cases Midland Funding, LLC v. Johnson and Henson v. Santander Consumer USA Inc. These Supreme Court decisions and cases interpreting them are changing the litigation landscape.  Commercial and consumer practitioners will benefit from the general FDCPA background and learning about the most recent FDCPA developments.

Registration Categories:

BBA Member – Free. Included as part of your membership.

Non-Member – $100.00

Not a member? Join the BBA today for free-access to this program any many others. Members also receive discounted rates for CLE programs and Conferences.

Speakers:

Andrew Glass, K&L Gates LLP

Gregory N. Blase, K&L Gates LLP

 

The New Chapter 13 Plan Explained on 11/30/17!

The Boston Bar Association is sponsoring a free luncheon on the new Chapter 13 Plan form and the new Rules of Bankruptcy Procedure, both of which taking effect soon.

The luncheon is going to be at the Boston Bankruptcy Court on Thursday, November 30, 2017, 1:00pm – 3:00pm in the 12th floor library.  You do not need to be a BBA member to attend.  The program will provide a comprehensive review of the new plan and tips on properly completing it, as well as complying with the new Rules.  Lunch will be provided.  All are encouraged to attend.

The Panel:

  • Hon. Joan Feeney, U.S. Bankruptcy Court
  • Mary Sharon, Clerk, U.S. Bankruptcy Court
  • Carolyn A. Bankowski, Chapter 13 Trustee
  • Patricia Anne Remer, Office of the Chapter 13 Trustee
  • Nina M. Parker, Parker & Associates
  • Julie A. Ranieri, Korde & Associates, P.C.

Below is the link  to register.
Click here for additional information and registration

Practice and Procedure Alerts

Amendments to Rules and Forms

REMINDER, amendments to the Federal Rules of Bankruptcy Procedure go into effect on December 1, 2017. Access the amendments here: https://www.supremecourt.gov/orders/courtorders/frbk17_d18e.pdf. Corresponding changes to the Massachusetts Local Bankruptcy Rules (also effective December 1, 2017) have been implemented by Standing Order, and may be accessed here: http://www.mab.uscourts.gov/pdfdocuments/standing-orders/so17_05.pdf.

REMINDER, effective December 1, 2017, Official Local Forms 3 (Pre-Confirmation Chapter 13 Plan and Cover Sheet) and 3A (Post-Confirmation Amended Chapter 13 Plan) are rescinded and replaced with the new Official Local Form. You may view the new Official Local Form 3 (Pre-Confirmation Chapter 13 Plan and Cover Sheet) via the following link: http://www.mab.uscourts.gov/pdfdocuments/Chapter_13_Plan_2017.pdf

Additional changes to Massachusetts Local Bankruptcy Forms (effective December 1, 2017) have been implemented by Standing Order, and may be accessed here: http://www.mab.uscourts.gov/pdfdocuments/standing-orders/so17_06.pdf.

Court Calendar Information Now Available Through Bankruptcy Court’s Website

Access to real-time Court Calendar information is now available through the Bankruptcy Court’s website via the following link:
https://ecf.mab.uscourts.gov/cgi-bin/hearings.pl. For additional information regarding Court Calendar access, please visit the “News & Announcements” section of the Court’s website at: http://www.mab.uscourts.gov/mab/court-calendar-information-on-website.

Cape Calendar Announcement

The Bankruptcy Court has announced that effective January 1, 2018, the Court will suspend its “Cape Calendar.” For additional information, please visit the “News & Announcements” section of the Court’s website at: http://www.mab.uscourts.gov/mab/cape-calendar-announcement.

Brown Bag on Monday (10/30): Are Those Assets Protected? Trusts and Exemptions in Bankruptcy

Please join us at the BBA on Monday for a Brown Bag Lunch Presentation:

Are Those Assets Protected? Trusts & Exemptions in Bankruptcy

register at: https://www.bostonbar.org/membership/events/event-details?ID=25568

Monday, October 30, 2017 12:00 PM to 1:00 PM – Boston Bar Association – 16 Beacon Street, Boston, MA

Description: Experienced Chapter 7 Panel Trustees Donald Lassman and Gary Cruickshank discuss issues with trusts and exemptions that may arise in a bankruptcy. Includes discussion of current developments in the law. New and experienced bankruptcy practitioners will gain valuable insight about asset protection in bankruptcy from this program.

Registration Categories:
BBA Member – Free. Included as part of your membership.
Non-Member – $100.00

Not a member? Join the BBA today for free-access to this program any many others. Members also receive discounted rates for CLE programs and Conferences.

Refunds & Cancellations:
Please note that refunds will only be allowed for cancellation notices received at least 24 hours before the program

Missed a program? Check out our Learn Online platform for on demand access to past BBA programs. If you would like to know if a future program will become available on demand, please contact Julia Carvalho at [email protected].

Sponsoring Section/Committee(s):

Speakers:

  • Gary W. Cruickshank
    • Law Office of Gary W. Cruickshank
  • Donald R. Lassman
    • Law Office of Donald R. Lassman

Contact:

Carolyn Barrett
[email protected]

The Trouble with Trusts –

Pitfalls and Problems for Debtor’s Counsel

 

Boston Bar Association Presentation

October 30, 2017

 

 

 

 

 

Lunch with Judge Bailey on June 8

Please join the Consumer Bankruptcy Committee on Thursday, June 8 from 12:00-1:00 p.m. for our final lunch program of the year with the Honorable Frank J. Bailey. This will be an excellent opportunity to hear about Judge Bailey’s current concerns and to discuss hot topics of the day with your fellow bankruptcy practitioners.
 
This event will be held from 12:00 p.m. to 1:00 p.m. at the Library, 12th Floor, John W. McCormack Post Office and Court House, 5 Post Office Square, Boston, MA.

This is an open event. You do not need to be a member of the BBA to attend and free lunch will be provided to those who pre-register.  If you are a BBA member, please register by using the link below:

https://www.bostonbar.org/membership/events/event-details?ID=24198

 

Non-members can register by sending an email to [email protected].

 

We hope you can join us!

 

 

Event: Annual Chapter 13 Update

The Consumer Bankruptcy Committee will host its annual brown bag lunch with chapter 13 Trustee Carolyn A. Bankowski on April 24, 2017, from 12:00 p.m. to 1:15 p.m.  The event will be held at the Boston Bar Association, 16 Beacon Street, Boston, MA.

This is a great opportunity to meet the Trustee, hear the latest filing stats, learn about new and notable cases, get an update on the national plan, and discuss hot topics in chapter 13. The Trustee encourages practitioners to come and discuss current questions, concerns and issues, so feel free to bring questions!

To register for the program, please click here.

 

 

Consumer Bankruptcy Brown Bag Lunch with Judge Feeney

Please join the Consumer Bankruptcy Committee on Thursday, April 6 from 12:00-1:00 p.m. for an interactive discussion with the Honorable Joan N. Feeney.

This will be an excellent opportunity to hear about Judge Feeney’s current concerns and to discuss hot topics of the day with your fellow bankruptcy practitioners.

This event will be held from 12:00 p.m. to 1:00 p.m. at the Library, 12th Floor, John W. McCormack Post Office and Court House, 5 Post Office Square, Boston, MA. This is an open event. You do not need to be a member of the BBA to attend and free lunch will be provided to those who pre-register. Please register by sending an email to Leslie Su at [email protected] or, if you are a BBA member, by using clicking here.

Case Summary: Bankruptcy Court Rules Cure and Maintain Plans Can Require Mortgagees to Provide Monthly Statements

In a recent decision in the case  In re Sperry (15-14583), Judge Hoffman overruled a mortgage servicer’s objection to confirmation of a Chapter 13 plan due to a provision that required the servicer to provide monthly mortgage statements to the Debtors.  The Debtors had proposed a so-called “cure and maintain” plan, in which they would cure a pre-petition default over 60 months and maintain regular monthly payments to the lender.  At issue was a provision in the plan that required the mortgage servicer to “send the Debtors monthly mortgage statements consistent with its pre-petition practice.”

The mortgage servicer argued that regulations promulgated under the Truth and Lending Act and (“Regulation Z”) and the Real Estate Settlement Procedures Act (“Regulation X”) exempted it from sending monthly statements to Chapter 13 debtors, and therefore the mortgage servicer could not be required to do so.   The mortgage holder also argued that the requirement was an impermissible modification of its rights and was therefore prohibited under section 1322(b)(2) and, finally, that logistical limitations prevented it from producing accurate post-petition statements.

The Debtors in turn argued that the mortgage statement provision was permissible under section 1322(b)(11) which allows a plan  to “include any other appropriate provision not inconsistent with [the Bankruptcy Code].”  The Debtors also argued that the mortgage statement provision was consistent with the overall objectives of Regulations X and Z, which are to promote the informed use of consumer credit by requiring disclosures about its terms and cost and to promote the flow of greater and timely information between mortgage creditors and debtors, respectively.

The Court agreed with the Debtors, finding that Regulations X and Z merely exempted mortgagees from the providing periodic statements but did not in any way prohibit them from doing so.  The Court also rejected the mortgagee’s argument that the mortgage statement provision violated section 1322(b)(2), concluding that it imposed an obligation rather than modifying a right.  That burden of that obligation, the Court found, was outweighed by the harm to the Debtors if they were not provided the monthly statements.

The full opinion is available here.

This post was contributed by Marques C. Lipton of Parker & Associates. For information regarding contributing case summaries or other posts, contact the editors of The Disclosure Statement, Kathleen Ryan ([email protected]) and Timothy Carter (TCarter @goulstonstorrs.com).

 

Young Bar Meets the Bankruptcy Bench – February 16, 2017

The 10th annual Young Bar Meets the Bankruptcy Bench program is coming up on February 16, 2017.  The event will be held at the BBA from 4:30 to 6:30 PM with a networking reception to follow.  The program introduces new(er) bar members to the judges for the United States Bankruptcy Court for the District of Massachusetts and the Clerk of Court, James Lynch.  The first portion of the program will focus on practical problems involving the introduction of evidence and the intersection of bankruptcy proceedings and criminal law.  It will feature a mock hearing, in which the judges will be given an opportunity to rule on these issues and provide insight into their reasoning.   During the second portion, the judges and Mr. Lynch, will discuss recent developments in bankruptcy law and general advice for developing a bankruptcy practice in today’s market.

Please click the link below for more details and to register.  We look forward to seeing you there!

https://www.bostonbar.org/membership/events/event-details?ID=22524