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Local Forms 3 (Pre-Confirmation Chapter 13 Plan and Cover Sheet) and 3A (Post-Confirmation Amended Chapter 13 Plan) are rescinded and replaced with the new Official Local Form.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.
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.
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].
- Gary W. Cruickshank
- Law Office of Gary W. Cruickshank
- Donald R. Lassman
- Law Office of Donald R. Lassman
The Trouble with Trusts –
Pitfalls and Problems for Debtor’s Counsel
Boston Bar Association Presentation
October 30, 2017
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:
Non-members can register by sending an email to [email protected].
We hope you can join us!
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.
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.
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).
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!
On November 14, 2016, the Consumer Bankruptcy Committee of the Bankruptcy Section held a lunch program that featured a consumer case law update. Kate Nicholson and Benjamin Higgins gave a wonderful presentation and facilitated a lively discussion. Thank you to Kate and Ben and to everyone who attended!
For those who were unable to attend, the program materials are available here:
Please join the Consumer Bankruptcy Committee on December 1 for an interactive discussion with the Honorable Melvin S. Hoffman. This will be an excellent opportunity to hear about Chief Judge Hoffman’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
Lunch will be provided to those who pre-register. Please RSVP using the link below.
Make sure you’re up-to-date on the current state of the law! Join the Bankruptcy Section on Monday, November 14th at 12:00 PM at the BBA to discuss recent decisions in Massachusetts and the First Circuit dealing with perennially thorny consumer bankruptcy issues—homestead exemptions, non-dischargeable debt, violations of the automatic stay and more!
There have been many important cases decided in our district this year—cases dealing with the limits of the Massachusetts homestead exemption, the meaning of “actual fraud” under 11 U.S.C. § 523(a)(2)(A), and the ability of a trustee to “clawback” college tuition payments, to name just a few. Come learn more and discuss how to avoid new (and old) pitfalls!
Kate Nicholson, Nicholson Herrick LLC, and Benjamin Higgins, Law Clerk, United States Bankruptcy Court for the District of Massachusetts will be guest speakers.
Please click here to register for this event.