All posts in Chapter 13

Comments from Aki Koyama re Kathy Dockery New Website

Thanks to everyone who was able to make it to the new website seminar. For those of you who couldn’t make it, here are some highlights of the new website features:

1. The ability to search for the Trustee’s Recommendation for your case or cases by case number, debtor name and firm name;
2. Cell phone, iPad friendly formats for ease of use;
3. Internet payments via E-Pay. Your client will receive a confirmation via email that they have made a payment via E-Pay and they can forward this email to you for verification of the plan payment. The verification takes up to an hour to get via email but will usually be sent in less time;
4. DRU “Debtor Response Upload” – this is an application that will allow your client or you to upload federal income tax returns to the Trustee after your client’s plan has been confirmed. The federal income tax return will be automatically transferred into our database upon successful upload.

Aki Koyama

Thursday, May 1, 2014 – LATrustee.com Live Demo/ Learn the New Features

LATrustee.com

Live Demo/ Learn the New Features

Thursday, May 1, 2014

2 Sessions
Due to Limited Space Choose 2:00 pm or 3:00pm

Presented by
Kathy A. Dockery, Chapter 13 Trustee

Location for Presentation
915 Wilshire Boulevard
10th Floor, Room 3
Downtown Los Angeles

RSVP at: gmangum@latrustee.com

*When you RSVP, indicate whether you will attend at 2:00 pm or 3:00 pm

9th Circuit BAP Denies Right of Chapter 13 Debtors to Deduct $200 “Older Vehicle Operating Expense”

Drummond v. Luedtke (In re Luedtke), — B.R. — (9th Cir. BAP April, 2014)

Issue: May an above median chapter 13 debtor deduct $200 per month for “older vehicle operating expense” when computing their plan payment?

Holding: No.

“We believe that the plain meaning of the language in § 707(b)(2)(A)(ii)(I) controls the resolution of this issue.  The statutory text dictates that debtors’ monthly expenses under the means test ‘shall be the debtor’s applicable monthly expense amounts specified under the National Standards and Local Standards . . . issued by the Internal Revenue Service.’”

California Foreclosures Down ….but Numbers May Be Misleading

For three straight quarters, California foreclosure starts remain little changed, hovering at a level last seen in early 2006. According to a market study released by DataQuick, steady economic growth and higher home values are responsible for the steady pace of new foreclosures.

Lenders and servicers in the first quarter of 2014 recorded roughly 19,000 notices of default on California house and condo owners, up 6 percent from the previous quarter.

Compared to peak numbers of roughly 135,000 in Q1 2009, foreclosure starts have dropped significantly over the intervening years. However, DataQuick posits that the numbers could be misleading.

“It may well be that the foreclosure starts in recent quarters don’t reflect the ebb and flow of financial distress as much as they reflect a steady state of workload capacity on the part of the servicers. They may well be just working their way through a backlog, stacks of paper piled high on desks,” said John Karevoll, DataQuick analyst.

This year’s first quarter was the first to see a year-over-year increase in default filings since 2009, but that gain can be attributed to new laws in California, known as the “Homeowner Bill of Rights” which took effect in January and February of last year. The laws caused lenders and services to pause, artificially decreasing notices sent to homeowners and pushing foreclosure start numbers downward.

DataQuick points out that most of the loans in California going into default are still from the 2005-2007 period. The median origination quarter reported by the company for defaulted loans is still the third quarter of 2006, noting that weak underwriting standards peaked in that period of time.

California homeowners were a median 9.8 months behind on their payments when the lender filed the notice of default. Borrowers owed a median $22,538 on a median $301,732 mortgage. There are lower numbers with the foreclosure bridging loans, this Bridging Loans for Property Development can be access by both individuals and companies to meet certain obligations. Bridge loans are usually arranged within a short time and with little documentation, they are mainly used in real estate to retrieve property from foreclosure or to close on a property quickly.

The most active companies in the foreclosure process last quarter were Wells Fargo (2,834), Bank of America (1,637), and Nationstar (1,282).

“The trustees who pursued the highest number of defaults last quarter were Quality Loan Service Corp (for Wells Fargo and others), MTC Financial (Bank of America, Greentree, JP Morgan Chase) and Western Progressive (OCWEN and Deutsche Bank),” DataQuick said.

Judge Klein’s Chapter 13 Confirmation Calendar

The Trustee’s Recommendations for Judge Klein’s 4/24/14 Confirmation Calendar have been posted to www.latrustee.com.

One Hour Seminar with Aki Koyama re Kathy Dockery’s New Website

From my good friend Aki Koyama:

Good afternoon my Colleagues:

On May 1, 2014 (Thursday after Judge Klein’s Confirmation Hearings), the Trustee will be holding a 1 hour seminar on how to use the new website and its many new features. Due to the size of the room available to us, we will have two sessions: one at 2 pm and one at 3 pm.

The seminar will be held at the 341(a) room at 915 Wilshire Blvd., 10th Floor, Room 3, Downtown, Los Angeles.

Room is limited so please RSVP to gmangum@latrustee.com as soon as possible.

Hope to see you there.

Check out the newest version of our website at: http://www.latrustee.com/

The new version can be accessed via cell phone and is much more user friendly.  We now have an e-pay option for your client’s plan payments so that they can make their plan payments over the internet.  We also have a new upload system for post confirmation tax returns called DRU (Debtor Response Upload).  We’re still working out some bugs so please feel free to contact me at akoyama@latrustee.com if you experience a problem.

Take a look and enjoy.

Aki

 

Nationstar Mortgage-Servicing Growth Probed by Lawsky

New York’s top bank regulator asked Nationstar Mortgage LLC for information about “explosive growth” in its mortgage-servicing business, citing hundreds of consumer complaints about the company’s practices.

Benjamin Lawsky, superintendent of New York’s Department of Financial Services, also asked about Nationstar’s apparent failure to fund 141 loans in a letter to Nationstar Chief Executive Officer Jay Bray.

“We have received hundreds of complaints from New York consumers about your company’s mortgage practices, including problems related to mortgage modifications, improper fees, lost paperwork, and numerous other issues,” Lawsky said in the letter.

The request marks an expansion of Lawsky’s investigation of non-bank mortgage servicers. U.S. officials have also raised concerns that mortgage servicing is increasingly being transferred from banks to specialty firms that don’t face the same degree of regulatory oversight.

Lawsky last week said he was probing possible conflicts of interest at Ocwen Financial Corp. and four related firms that could harm borrowers and push homeowners into foreclosure.

Nationstar had fallen 3.5 percent to $29.99 at 2:05 p.m. New York time after dropping more than 5 percent on news of Lawsky’s letter. Shares are down 19 percent this year. Ocwen slid 0.2 percent to $37.90, bringing its 2014 decline to 32 percent.

Read more…

March 6, 2014 – Meet the New Bankruptcy Judges

The SBCBA Debtor/Creditor Section Presents:

“Meet the New Bankruptcy Judges”

When: Thursday, March 6, 2014, from 12:00 to 1:15 pm

Where:
Location to be announced (will be in Santa Barbara or Goleta)

1 hour MCLE credit (pending approval)

Speaker(s):
Honorable Peter Carroll and Honorable Deborah Saltzman

About the Event:
As many of you know, the Honorable Robin Riblet will be retiring this year after over twenty years on the bench, and Chief Judge Peter Carroll and Judge Deborah Saltzman will soon be taking the reins in the Northern Division. The judges have graciously agreed to discuss the transition and the coming procedural changes. Please join the Santa Barbara County Bar Association for a lunch time MCLE to hear what is in store for the future.

Questions:
Due to the interest in this event the judges will be collecting questions in advance and will address selected questions during the presentation. Please email your questions to Casey Nelson at: cnelson@lafsbc.org with the subject line “Question for the Judges.”

Price:
$25.00 for SBCBA Members, $30.00 for Non-Members

Contact Information/R.S.V.P.:
Carissa Horowitz, Esq. Carissa can be contacted at carissa@beallandburkhardt.com.
Checks should be made payable to the Santa Barbara County Bar Association.
Checks should be mailed to Beal & Burkhardt, Attn: Carissa Horowitz, 317 E. Carrillo Street, Santa Barbara, CA 93101.

Please RSVP BY Monday February 24, 2014.

February 13, 2014 – Recent Changes to LBR and Court Manual and Upcoming Revisions to Relief from Stay Forms

You are invited to attend a Brown Bag Discussion

Topics: Recent Changes to LBR and Court Manual and
Upcoming Revisions to Relief from Stay Forms

Host: Honorable Vincent P. Zurzolo, U.S. Bankruptcy Judge

When: Thursday, February 13, 2014 at 12:15 PM

Where: Roybal Federal Building
255 E. Temple Street, Room 1268
Los Angeles, CA 90012

In re MaGee “BAP upheld sanctions against Chapter 13 debtor’s attorney for advising debtor not to disclose a post-confirmation accident claim”

December 17, 2013

Dear constituency list members of the Insolvency Law Committee:

SUMMARY:

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) recently upheld sanctions of $2,685 against a chapter 13 debtor’s attorney for advising the debtor (“Debtor”) not to disclose a post-confirmation auto accident claim.  To read the opinion, click here:

http://cdn.ca9.uscourts.gov/datastore/bap/2013/11/21/Carlson%20memo%2012-1522.pdf

In re MaGee, 2013 Westlaw  5310472 (9th Cir. BAP unpublished).

Basic Facts:  Debtor, represented by counsel (“Counsel”), confirmed her chapter 13 plan.  In relevant part, the confirmation order provided that “the debtor shall inform the Trustee of any changes in circumstances or receipt of additional income. . . .”

Read more…