► In This Issue:

• Chapter 7 Attorneys’ Fees: Protecting Debtors While Ensuring Attorneys Get Paid
• An Interview with Judge Sheri Bluebond
• The Effect of a Discharge Injunction on Unpaid Child Support: To Pay, or Not to Pay: That Is the Question
• Join Us at the Annual Spring Meeting to Discuss Mortgage Modification Mediation
• Have You Visited the New abi.org Yet?

Chapter 7 Attorneys’ Fees: Protecting Debtors While Ensuring Attorneys Get Paid

Amanda A. Page Page Law, PLLC; Royal Oak, Mich.

Most debtors that are contemplating chapter 7 are on the brink of economic disaster. They have creditors harassing them, calling them nonstop, garnishing wages and income tax returns, and seizing their vehicles to satisfy judgments. These hardworking individuals simply do not have the extra funds to pay a bankruptcy attorney up front in full to file a bankruptcy case to stop the creditors. Alternatively, the options for the unfortunate debtor are to proceed file their bankruptcy pro se, hire a bankruptcy petition preparer or find an attorney that accepts alternative fee agreements. The debtor who attempts to go it alone or with a petition preparer faces a substantially greater risk of the bankruptcy case getting dismissed without a receiving a chapter 7 discharge. In the U.S. Bankruptcy Court for the Eastern District of Michigan, during 2010-11, approximately 98 percent of individual chapter 7 cases filed by an attorney received a discharge, while only approximately 69 percent of chapter 7 cases filed without an attorney received a discharge

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An Interview with Judge Sheri Bluebond

Shannon A. Doyle eBankruptcy Assistants, Inc.; Long Beach, Calif.

Hon. Sheri Bluebond sits as chief judge on the U.S. Bankruptcy Court, Central District of California. She is a dynamic figure at most bar events and is revered by colleagues, attorneys and trustees. For example, she recently presented an award at the home of James T. King, a beloved leader of the bankruptcy community, who became bedridden while battling cancer.

Judge Bluebond’s chambers are like a cozy studio loft. It is warm and inviting with eclectic décor of abstract art, history, a classic cartoon, children’s paintings and family pictures. As I sat down to start the interview, I immediately felt at ease. The judge was very welcoming, conversational and captured my attention with her candor, animation and humor. As she spoke, the light from the windows accented her pretty hazel eyes and gave me a glimpse into a genuine person who loves being a judge because she can “do the right thing.” I discovered that Judge Bluebond enjoys beading jewelry, singing, cooking and drinking wine (the drinking wine is not a hobby but an occasional indulgence). She is also “seriously addicted to Fairway Solitaire” on her phone. Before I knew it, an hour flew by and the judge reminded me that she had to take the bench. While we could have gone on for hours, it is a good thing we didn’t. The transcript of the interview is well outside the page limits of this article, so I will do my best to take you beyond the judge’s bio and into the person herself.

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The Effect of a Discharge Injunction on Unpaid Child Support: To Pay, or Not to Pay: That Is the Question

David L. Morris Marion Couty Prosecutor’s Office; Indianapolis

Editor’s Note: David Morris is the senior deputy prosecuting attorney for the Marion County Prosecutor’s Office Child Support Division and an adjunct professor at the Indiana University Robert H. McKinney School of Law.

Imagine the following scenario: A chapter 13 debtor files his bankruptcy plan that acknowledges his $10,000 pre-petition child support debt, which is consistent with the custodial parent’s claim. The plan is confirmed, and the debtor dutifully pays the $10,000 in accordance with the plan’s terms. The debtor receives a discharge, the bankruptcy case is closed and the matter is put to rest. Months later, the debtor receives a notice from a state child support enforcement agency seeking to collect $3,000 in unpaid pre-petition child support debt. The notice explains that the debtor actually owed a total of $13,000 in pre-petition child support debt. Since the debtor paid the claim as it was filed in the bankruptcy action and he received his discharge, the agency is foreclosed from pursuing the additional $3,000, right?

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Join Us at the Annual Spring Meeting to Discuss Mortgage Modification Mediation

The Consumer Bankruptcy Committee will be teaming up with the Mediation Committee at this year’s Annual Spring Meeting to discuss successful cases of consumer mortgage modification mediation in Florida. Speakers for this panel include Robert B. Branson of BransonLaw PLLC in Orlando; Laurie K. Weatherford, who is a Chapter 13 Trustee in Winter Park, Fla.; Hon. Michael G. Williamson of the U.S. Bankruptcy Court for the Middle District of Florida in Tampa; and Melissa A. Youngman of McCalla Raymer, LLC in Orlando.

Join us on April 16 at the Renaissance Washington D.C.!

In the video above, Hon. Eugene R. Wedoff (N.D. Ill.) previews the “Great Debate” he will have at the Annual Spring Meeting on mortgage cramdowns.

Have You Visited the New abi.org Yet?

ABI recently introduced a new flagship website, abi.org, to continue to deliver better services and online resources for members to meet their professional needs. The new website provides a cleaner, more user-friendly interface for members to find the latest information on bankruptcy news and developments, register for ABI events and access other member resources. The membership directory is all new as well, complete with your photo and a enhanced listings of your experience and ABI activity. To update your member profile, click here (login required).

Should you have any questions or difficulty using the site, please go to support.abi.org to seek assistance.