Yaffe of National Gold Exchange Headed To Jail For Fraud

Before the bankruptcy, Yaffe had built National Gold Exchanges into one of America’s leading gold coin dealers. He and his wife, Christel Yaffe, bought a mansion in the exclusive Avila neighborhood. Yaffe held galas at his home to benefit St. Joseph’s Hospital and Hillsborough Community College, witnesses said. But U.S. Department of Justice Trial Attorney Tim Loper used Yaffe’s wealth to make a point: He didn’t have to steal money from the bank. After Hazzan Jody Sever Lever, pastor at Yaffe’s synagogue, testified about the defendant’s virtues, Loper asked if she knew Yaffe owned Porsche and Mercedes automobiles, two boats and two personal watercraft. Loper also said Yaffe had set up a $7 million trust fund for his family in November 2012, well after the bankruptcy. “Those were assets he could have used to pay back creditors,” Loper said. Yaffe is to report to prison on Jan. 8. Once-wealthy coin dealer sentenced for fraud www.tbo.com TAMPA — Mark Yaffe is a great guy, 21 witnesses said in federal court Friday.                   Reply to this email to comment on this post.           This message was sent to dgrange@grangelaw.org

New Revised Forms For Bankruptcy Effective December 1, 2015

 

This is a reminder that revised Official Forms went into effect December 1, 2015.





All filers should use the new revised forms on and after December 1, 2015 for all newly filed cases and any initially filed schedules and statements. For additional information, please consult the forms update web page at http://www.flmb.uscourts.gov/forms/december-form-changes/

According to CNN MONEY,

Zombie debt collection scams are on the rise

What you need to know can be found at http://goo.gl/cu1bdf

SCAM: Con-Artist Possing As Attorneys

I just received the following email from the National Association of Consumer Bankruptcy Attorneys, and I am posting it here in its entirety.





The National Association of Consumer Bankruptcy Attorneys (NACBA) is urging members to remain in communication with present and past clients regarding bankruptcy "con-artists" posing as attorneys.

Over the past few weeks, NACBA has issued a consumer bulletin and been in contact with the courts and media regarding this well orchestrated scam. Warnings have been issued by the Office of the Attorney General in New Hampshire and by Virginia Eastern District bankruptcy clerk William C. Redden. The warning in Virginia has been posted on the websites of both the Eastern and Western District Bankruptcy Courts.
Despite warnings being issued to the general public, incidents continue to be reported and it is likely this fraudulent activity will spread to other states.
Members of the NACBA Legislative Committee will soon approach the Department of Justice to not only request a deeper investigation into how consumer information is being compromised but also recommend steps that can be taken to further protect the identity of those going through the bankruptcy process.
NACBA is requesting all Consumer Bankruptcy Attorneys to warn current and past clients about this scam and to urge these clients not to turn over money to anyone who calls by phone.
Please post the consumer bulletin prepared by NACBA to your law firm website and blog. Also, please send out the warning via email to all current clients.
If any clients report being a target of this scam, please send the basic information to admin@nacba.org. NACBA will compile all info and present to the Department of Justice to further illustrate the need for immediate action.
To see a copy of the consumer bulletin issued by NACBA, please visit: HERE
To see a copy of the consumer bulletin issued by the New Hampshire Attorney General, please visit: HERE
To see a copy of the consumer bulletin issued by the United States Courts, please visit: HERE
To see a copy of the consumer bulletin issued by the Eastern District of Virginia, please visit: HERE

GoFundMe Worthwhile Cause: Need Your Help By November 30, 2015

While my blog may make it look like Bankruptcy work is all I do, that is not the case.  I not only practice in other areas of the law, but am passionate about volunteer work.


One of the projects I am currently helping with involves high school students from approximately 45 high schools in Duval, Nassau, Clay, Baker, and St. Johns Counties.

This event is being headed up by the Rotary Club of South Jacksonville (of which I am a member), in which area high school seniors will have the opportunity to compete for college scholarship dollars by researching, creating and delivering a presentation based on the topic, 

“What can Jacksonville and the First Coast community do to gain recognized greatness nationally and internationally, using in your argument some or all of the following discussion categories: finance, education, medical, transportation and public service.”

These students will be competing for a minimum of $20,000 in scholarship funds.  What happened last year?  Take a look at http://goo.gl/SaOXzD 

Want to see last years speeches?  Click on https://www.youtube.com/watch?v=T-dMWSCDF4g

We are in the process of raising funds for the scholarships sponsorships an crowd funding.  Towards CROWD FUNDING, you can help.  There is currently a giant PUSH to get some small donations (just $10 or $20).  We need your support by not later than Friday, November 6, 2015.  If everyone makes a small donation, it should put us on the map to receive more funds.  So, you can view your donation as having a multiplier effect.  There is no telling what a small amount could end up generating, but I do need your support.

Go to GoFundMe.com/gt3tm8 and sign up to support these kids.

If you are interested in becoming a Sponsor, please contact me so I can keep you updated about news releases, sponsor's events, publicity, etc.

THANKS in advance.

Dinkins Grange

Will Supreme Court Hear Case Of Student Loan From Florida (FCSL)?

A Waukesha man has filed a petition with the U.S. Supreme Court  in hopes of having his student loans written off in bankruptcy court. The case calls into question the different standards used across the country.

Mark Tetzlaff is far from typical when it comes to the severity of his student loan debt. He’s 57, and inching closer to retirement age, yet he still owes a lot of money.

“In terms of the balance, we’re now at about $285,000. It’s accumulating at something close to $950 a month,” Tetzlaff says.

Tetzlaff says nearly half his balance is interest, and he simply can’t afford to pay. “I survive, we survive here, my mother lives with me, we survive solely on her social security,” he says.  

Tetzlaff says there are multiple reasons for why he is so deeply in debt and unable to repay his college loans. He says the majority of them accrued while he was earning a law degree from Florida Coastal School of Law, a for-profit college in Florida, about 10 years ago. Since graduating, he’s taken the bar twice and failed. Along the way he’s dealt with substance abuse, depression and two misdemeanors, including one for threatening a witness.

The most recent numbers show that about 11 percent of student loans are delinquent at least 90 days. But not many owe as much as Waukesha’s Mark Tetzlaff. According to the New York Federal Reserve, less than one percent of borrowers owe $200,000 or more.

Source: http://wuwm.com/post/wisconsin-man-challenges-discharging-student-loans-bankruptcy#stream/0

Student Loans and Bankruptcy: The Obama Administration

So, lets address a simple question.

What is the role of President of the United States?

Foreign policy drafter and administrator, and Commander In Chief come to mind.  With our current President, Obamacare (whether you are for it or against it doesn't matter).

Now consider our Constitution, and the separation of powers.  You know what I am talking about; we have the judicial, executive, and legislative branches of government.  The each have their own defined duties.

Then the question is posed, should the executive branch of government use its prestige and power to try to influence the judicial branch?

That appears to be what is happening regarding student loans.  According to an article on the UPI website by Amy R. Connolly, the Obama administration is trying to convince the Court to not discharge a student loan in bankruptcy.  You can read the entire article at the following link:

http://www.upi.com/Top_News/US/2015/10/20/Obama-administration-urges-no-bankruptcy-relief-for-student-debt/5671445359254/

FLMB-2015-8: Amended Adminstrative Order Prescribing Procedures For Chapter 13 Cases

On August 10, 2015, Chief Judge Jennemann signed the Amended Administrative Order Prescribing Procedures For Chapter 13 Cases.  The Order is applicable Chapter 13 cases filed in the Middle District of Florida.  

Paragraph 2 of the Order requires Debtor's attorney to provide a copy of the Order to their clients; as such, a copy of the Order, in it's entirety, can be viewed at http://goo.gl/a5ekDM.  

The following is provided as a reference, or index, of the Order, and is not a substitute for the Order as published.

AMENDED ADMINISTRATIVE ORDER PRESCRIBING

PROCEDURES FOR CHAPTER 13 CASES

This Administrative Order establishes uniform procedures for all Chapter 13 cases filed in this District after September 1, 2015. Accordingly, it is

ORDERED: 

1. Additional Information Required to be Filed with the Court. No later than 14 days from the petition date...

2. Service of this Administrative Order to Debtor. Debtor’s attorney...shall... 

3. Chapter 13 Plan. No later than 14 days from the petition date...
Debtor’s failure to timely make payments to the Chapter 13 Trustee (the “Trustee”) or to
comply with any of the other requirements of this Order may result in dismissal or
conversion of the case. 

4. Plan Payments. Payments under the Plan shall... 
IF THE PLAN PROVIDES FOR DEBTOR TO MAKE DIRECT PAYMENTS TO A SECURED CREDITOR OR LESSOR, THE AUTOMATIC STAY IS TERMINATED, IN REM, AS TO THAT CREDITOR. 

5. Payments to Trustee. Debtor, not later than 30 days after the petition date...  If the
Trustee does not receive payment when due, the Trustee may seek dismissal of the case.

6. Adequate Protection for Secured Creditors. 

7. Refund of Plan Payments to Debtor if Case Is Converted or Dismissed.

8. Executory Contracts and Unexpired Leases. The Plan must provide for the assumption or rejection of executory contracts and lease obligations. 

9. Termination of the Automatic Stay. If the Plan provides for the surrender..., for [direct] payments, or fails to provide for the [secured] claim, ... in rem relief from the automatic stay [is granted]...

10. Modification of the Automatic Stay.  Creditors [claims are secured by mortgages] to communicate directly with Debtor regarding modification or refinance...

11. Meeting of Creditors and Documents to be Submitted to Trustee. Debtor shall appear...

12. Confirmation Hearing. ...the Court will consider confirmation...all pending motions...

13. Pre-Confirmation Deadline for Filing Amended Plans and Certain Motions. The following shall be filed no later than 28 days after the claims bar date: a. An amended Plan, if necessary to obtain confirmation; b. Motions to determine secured status of claim; and c. Motions to avoid liens, if necessary to obtain confirmation. 

14. Deadline for Filing Objections to Claims. Debtor shall file objections to any claims that Debtor seeks to have disallowed, in whole or in part, no later than 28 days after the claims bar date or 14 days after filing an amended proof of claim. 

15. Deadline to Seek Mortgage Modification Mediation.

16. Service Requirements. Debtor shall serve a copy of any amended Plan...

17. Duties of Debtor’s Attorney and Payment of Attorney’s Fees. Debtor’s attorney must assist Debtor in all matters related to this case unless the Court has granted the attorney’s motion to withdraw from the case. Debtor’s counsel shall not withhold legal advice or service from Debtor because of lack of payment and may not demand payment from Debtor or any person on behalf of Debtor as a condition of providing legal advice or service.


18. Tax Returns and Refunds. ...Unless otherwise ordered by the Court, Debtor shall turn over to the Trustee all tax refunds in addition to regular Plan payments.

19. Filing Claims on Behalf of Creditors. Under Rule 3004, within 30 days after the expiration of the claims bar date...

20. Extension of Time to File Objections to Debtor’s Claims of Exemption. 

21. Cooperation with Trustee. ... Debtor shall, at Debtor’s expense...deliver to the Trustee a current appraisal... Debtor may file... a motion to employ professionals under § 327.

22. Debtor’s Duty to Supplement.

23. Notice of Domestic Support Obligations.

24. Notice to Creditors and Other Interested Parties.

25. Default. If Debtor fails to make payments...