Thursday, February 28, 2013

Tampa /FT Meyers New Ch 13 Plan March 15, 2013

The Model Plan now requires an affirmative representation that the plan conforms to the Model Plan, and strikes non-conforming provisions not set forth in Additional Provisions, paragraph 5. In addition, the Model Plan now permits the debtor to elect when property of the estate is vested in the debtor, either at confirmation or upon the debtor's discharge or dismissal of the case. See 11 U.S.C. § 1327(b). Debtors and their counsel should give careful consideration to this election, as it may result in significant legal consequences. 

North District Reaffirmation Agreements

The Clerk’s Office will begin entering a paperless “Notice of Compliance    re Reaffirmation Agreement” on agreements that are timely filed, contain    the signatures of the creditor representative, debtor(s), and attorney    for the debtor(s), do not indicate undue hardship, and otherwise comply    with 11 U.S.C. § 524(c).

If Part C of the Reaffirmation Agreement indicates a presumption of    undue hardship and the debtor does not provide an explanation of how    they plan to make the payments, a Conditional Order Denying    Reaffirmation Agreement will be entered giving the debtor(s) 21 days to    file appropriate documents with the Court or the Order Denying will    stand without further notice or order.

Permissive Use of Negative Notice in Northern District

The “Permissive Use of Negative Notice” list will be 
updated to include additional items as needed.

US Bank taking Bribes

Wilbur Tate III, a former collections manager at U.S. Bank, was charged with taking bribes from Oxford Collections Agency, announced the Special Inspector General for the Troubled Asset Relief Program. Senior executives at Oxford Collections Agency have pleaded guilty in a $10 million fraud scheme that defrauded investors and clients, including Webster Bank and other TARP recipients.