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QUARTERLYOfficial Publication Of The National Association of Chapter 13 Trusteeswww.NACTT.comJANUARY/FEBRUARY/MARCH 2018Even Creditors Can Benefit from Debtors’Chapter 13 Bankruptcy FilingsLet's Go PhishingLife Expectancy: How Long is Too Longfor a Chapter 13 Plan?Don’t Dodge the Meeting: The Importance ofBankruptcy Attorney Representation of Debtorsat § 341 Meetings of CreditorsVideo Conferencing 341 Meetings andCourt AppearancesCase Decisions
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PRESIDENTJoyce Bradley BabinPO Box 3541Little Rock, AR 72203501-537-2525 Fax: 501-537-2526jbabin@13ark.comPRESIDENT-ELECTDavid G. Peake9660 Hillcroft, Suite 430Houston, TX 77096713-283-5400 Fax: ENTO. Byron Meredith IIIPO Box 10556Savannah, GA 31412912-234-5052 Fax: 912-232-8824obmeredith@ch13sav.comSECRETARYLinda B. GorePO Box 1338Gadsden, AL 35902256-546-9262 Fax: 256-546-9262linda@ch13gadsden.comTREASURERMary K. Viegelahn10500 Heritage Blvd., Suite 201San Antonio, TX 78216210-824-1460 Fax: 210--824-2328mviegelahn@sach13.comBOARD OF DIRECTORSHerbert L. Beskinhbeskin@cvillech13.netKrispen S. Carrollkrispen@det13ksc.comJan Hamiltonjan.hamilton@topeka13trustee.comJeffrey M. Kellnerjmkellner@dayton13.comADVISORY BOARDMargaret A. Burksmburks@cinn13.orgRobert G. Drummondtrustee@mtchapter13.comMary Ida Townsonmaryidat@atlch13tt.comQUARTERLYOfficial Publication Of The National Association of Chapter 13 TrusteesPresident’s MessageJoyce Bradley Babin.4Member NewsLet's Go PhishingThomas P. O’Hern.6Application For Associate Membership.8Welcome New Associate Members.8Seminar NewsCalendar of Events. 9Word From Washington - EOUSTA Year – and a Career – in ReviewDoreen B. Soloman, Assistant Director for Oversight,Office of the United States Trustees. 11FeaturesEven Creditors Can Benefit from Debtors’ Chapter 13 Bankruptcy FilingsAmanda Doyle and Heather Giannino.12Life Expectancy: How Long is Too Long for a Chapter 13 Plan?Ronda J. Winnecour and Jared C. Quinn.15Don’t Dodge the Meeting: The Importance of Bankruptcy AttorneyRepresentation of Debtors at § 341 Meetings of CreditorsJason Wilson-Aguilar.18Video Conferencing 341 Meetings and Court AppearancesRobert G. Drummond.21Call For Entries: National Association of Chapter 13 Trustees2018 Annual Law Student Writing Competition. 18Case DecisionsLinda B. Gore.29Robert B. Wilsonrwilson@lubbockch13.comCHAPTER 13 QUARTERLY EDITORRobert G. Drummond8 3rd St. N, Great Falls, MT 59403406-761-8600Trustee@MTChapter13.comEXECUTIVE DIRECTORCourtney LC WaldrupOne Windsor Cove, Suite 305Columbia, South Carolina 29223800-445-8629 or 803-252-5646Fax 803-765-0860 courtney@jee.comAll NACTT members should view the Quarterly in its new digital format. You will be asked in the nearfuture if you want to continue receiving a published printed copy or prefer to receive an electronic copy. Toview the Quarterly in the digital flip page format, log into the members only area on www.NACTT.com.NACTT Editorial Committee Chair: Robert G. Drummond - 8 3rd St. N, Great Falls, MT 59403Trustee@MTChapter13.comNACTT Editorial Committee: Robert G. Drummond, Chair, Carolyn A. Bankowski, Linda B. Gore, Doug Kiel,Mary K. VeigelahnNACTT Quarterly (ISSN 10458972) is published quarterly by the National Association of Chapter 13 Trustees, One Windsor Cove, Suite 305, Columbia, SC 29223. Subscription feeof 25.00 is by membership only and is included in the annual membership fee. Periodicals postage paid at Columbia, SC and additional mailing office. Material appearing herein,including editorial comment, represents the views of the respective authors and does not necessarily carry the endorsement of the National Association of Chapter 13 Trustees.January/February/March n NACTT QUARTERLY n Vol.30, No.2 n 20183
FROM THE PRESIDENTPresident’s MessageIJoyce Bradley BabinNACTT PresidentChapter 13 TrusteeLittle Rock, ARcome from a jurisdiction that never had a prescribed form plan. A jurisdiction without a formplan may come as a surprise to many. Sure, wehad some “suggested plan forms,” but as far aspractitioners in my districts were concerned, weall survived quite nicely over the years. As with all, ormost all, other trustees and courts across the country,we now are practicing with National Plan Forms andLocal Plan Forms. We are encountering the transitionsnecessitated by new plans.We will all have a story to tell. My story is below, toldwith a loosely based nod to another famous transitionmade a few years ago by The Fresh Prince of Bel Air.1“We like it!” We don’t!” “We have OUR OWNPLAN already!” sounded the masses.If it’s all the same to you, the Rule Committeewas told, many of us will take passes.Back to the drafting board, the Committeereacted.Makin’ more Rules and Form Plan parametersmore attractive.More heads got together and decided they weredone.A new rule was added – and named Thirty FifteenPoint One.So, here goes our journey Most of the land became pretty happy.Now this is the story all about how the Chapter13 World got flipped, turned all around.Jurisdictions now keep their beloved plans sosnappy.I’d like to take a minute; just sit right down;The National Form Plan also could stay – mostall gave a clappy.And I’ll tell you how a new Form Plan cameto town.In Chapter 13, I was born and raised.1301, et seq., spending most of my days.Examining, objecting, administering away.Giving out money from the unsecured pool.When a couple of guys, they were up to somegood,Went to the Rules Committee; gave us a new tool.The Committee started talking about a NationalForm Plan.With a Rule Thirty Fifteen to be used across allthe land.“The National Form Plan will allow for moreconsistency.”“Provisions all the same; where would there beresistancy?”Special sections and boxes, valuations and lienavoidance, too.Practitioners said, “My goodness, whatever arewe to do?”4 January/February/March n NACTT QUARTERLY n Vol.30, No.2 n 2018With Thirty Fifteen Point One, districts had anopt-out.But the Rule itself reminded, there was no copout.Certain steps had to be taken; local rules youhad to be makin’.Only one Local Form for each district; checkboxes galore;Extra provisions in one special section; valuationspecifications and more.Have to come clean if you’re avoiding a lien;no more cram down without making a sound.What you do may be turned on end; use thesame form if you want to amend.With a nod to Oprah and her “favorite things,”Across the country, Local Forms became finaland sounds began to ring:“You get a Plan!” “You get a Plan!” “You geta Plan!”At last count, most districts had opted to theirown Local Form.
FROM THE PRESIDENTA few mighty districts have held tight the National Plan, they’ll conform.Revised Rules for claims and filing deadlinesof seventy.December One, and Ultimately TwentySeventeen, became the date.I’d tell you that story, but that’s for another day.Right here in my Bankruptcy Kingdom, that’swhere I’ll stay.The new Form Plan implementation couldno longer wait.Three Thousand Two and Point One- “(C)You Later!” tOur new favorite Plan Forms now have allgone live.It shouldn’t be shocking to see we’ve all survived.We’re from the Chapter 13 World after all, andwe know what it takes.Remember, we’ve survived BAPCPA, forgoodness sakes.Footnotes Written by Willard C. Smith, Jeffrey Townes, Copyright: Universal Music - Z Tunes LLC, Jazzy Jeff AndFresh Prince Publishing Co.1Move on now from the plans, we’ve got newstories aplenty.“No bankruptcy practitioner, nomatter how experienced, shouldbe without this volume.”20%OFF—Senator Elizabeth WarrenSpecial offer forNACTT members!Use promo code NACTT at checkout.Visit nclc.org/library to learn more.January/February/March n NACTT QUARTERLY n Vol.30, No.2 n 20185
MEMBER NEWSLet’s Go PhishingThomas P. O’HernSTACS Program Managerfor Jacob & SundstromContactPlease reach out to theSTACS support teamat support@stacs.netor 866-STACSNEt, if youwould like to discussquestions or concernsprompted by this article.I’m not talking about the Andy and Opie kind.For the millennials that’s a reference to fishingwith a pole and bait. I’m talking about the newPhish module on the STACS website so you canPhish like a hacker.What is Phishing?Phishing is a method of presenting an apparent trustworthy and valid request for information to someonein an attempt to solicit their sensitive or confidentialinformation. We most commonly see phishing as anemail request containing links to fake websites wherethe desired information can be collected. Phishingattacks can also be used to compromise computersby exploiting unpatched web browser vulnerabilities.Phishing SeasonPhishing attacks occur throughout the year aroundspecial and tragic events. Fund raising and donationsites are regularly exploited to collect financial accountsor directly solicit online funds.But it’s the end of year holidays that mark the primephishing season. The massive increase in online shopping and related activities create an ideal environmentfor phishing. Online purchases, receipts, returns, confirmation requests, shipping notifications, shoppingdeals all make great phishing email templates. Theycontain links that are easily replaced to direct therecipient to fake webpages that look identical to thereal online service.What are they targeting?Phishing attacks frequently target account access,personal and financial information including:6 January/February/March n NACTT QUARTERLY n Vol.30, No.2 n 2018 Remote and online account login information: usernames, passwords, pin codes, and responses to security questions Personal information: SSN, DOB, Medical IDnumbers, driver license numbers, or photocopiesof these documents. Financial information: bank routing and accountnumbers, credit card and CCV numbers, onlinebanking, payment and retail account servicesSo what is the Phish module?Phish is a new module on the STACS website thatallows you to upload a list of staff email accounts,select a phishing email template, and schedule a timeto start phishing. You will get notified of your catchwhen it happens or you can review the results online.Staff who are caught clicking on the link in theemail are presented with a webpage informing themof the exercise and presented with phishing examplesand additional guidance on how to spot, validate andavoid potential attacks in the future.Secured WiFi on KRACK, Must Read!!!The WiFi Protected Access 2 (WPA2) encryptionprotocol is the most widely used encryption to securecommunications between wireless access points andthe devices that connect to them. An attack calledKRACK uses a vulnerability in how the encryptionis required to work by the protocol standards. Thismeans every wireless device that supports WPA2 issusceptible to this attack.In lay terms, WPA2 secured wireless networks arenot secure. Someone within physical range of the
MEMBER NEWSwireless signal can capture and monitor the wirelessnetwork communications. More importantly, theycan also get access to other computers and networksaccessible through the wireless network.Take for instance a large retailer who used wirelesspoint of sales terminals. The wireless POS network at alocal retail location was also connected to the corporatenetwork. When hackers exploited this vulnerability togain access to the POS network, they had an undetectable backdoor into the corporate network where theywere able to gain access to servers and databases withcustomer financial data.Who is at Risk?Cellular or broadband wireless communications donot use WPA based encryption and are therefore notvulnerable. But, if you use WPA2 secured WiFi toconnect to a mobile cellular hotspot (MiFi), the wireless device to hotspot communications are at risk, thehotspot to the cellular carrier are not.There are hundreds of millions of secured wirelessnetworks found in homes, offices, airports, hotels, andcoffee shops across the globe and the phones, tablets,laptops, printers and computers that connect to them,are also susceptible. When you consider other usesof wireless communications for cameras, cars, appliances, point of sales terminals, security systems, andetc. you can quickly understand the broad impact ofthis vulnerability and the incomprehensible task topatch or upgrade all these devices.Common end-user devices like phones, tablets,and laptops are more frequently and easier to update.Windows and Apple iOS devices have implementedmodifications to the protocol and distributed themthrough regular updates to prevent this attack.However, the problem is with wireless devices thatare not frequently or easy to update such as a home oroffice wireless router, a smartphone, a security camerasystem, or a mobile MiFi hotspot device.What is at Risk?There are two major concerns with these attacks.One is the access to other networks and computersthrough the wireless network. The second is the accessto normal network communications that don’t useadditional encryption like when you go to a websiteand use https:// with encryption, instead of http://without encryption.What do I need to do?1. Consider all wireless networks as unsecured. TheSTACS and UST guidance on wireless use are basedon this assumption and recommend the use of aseparate Virtual Private Network (VPN) productto encrypt ALL network communications beforethey are transmitted over a wireless network. Acorrectly implemented and used VPN will protectyou from all wireless and remote network vulnerabilities and attacks.2. At the office, do not attach wireless access points tothe internal network. Attach them to a firewall andrequire the use of a VPN to get access to the officenetwork.3. CRITICALLY IMPORTANT: Wireless routers usedto connect physically separated groups to the internaloffice network need to be upgraded and patched forKRACK. If they cannot be patched for KRACK,they should be replaced as theses pose the greatestrisk for the Trustee network.4. At home wireless devices and access points shouldbe upgraded. If your Internet provider manages yourWiFi router, check with them to see if your devicehas been patch to prevent KRACK attacks.Follow-upThe STACS Team is available to discuss and assistTrustees and their staff with the secure use of wirelesstechnology. Please reach out to us at support@stacs.netor 866-782-2763 (866-STACSNEt) for assistance.2018 Staff Symposium IT TrackWhen: May 17-18, 2018 in Baltimore, MDOver the last 5 years, I’ve had the opportunity towork with some incredible members of the 13 community preparing and presenting technical materialsfor the NACTT Staff Symposium Information Technology (IT) track. This year is no different. We have DebSmith from Al Russo’s office returning and are addingJim Smiley from Bill Miller’s office and Harold Garciafrom Melisa Davey’s office. We also have a number ofgreat hot topics to conquer this year which include: The increasing and future role of cloud computing Basic programming and scripting skills for admins Document sharing and collaboration solutions PII Data Management practices and techniques Automations through group policy by exampleThe track is intended for System Managers andtherefore can be very technical at points. Howevereach session will have a portion of general presentation and high level discussion followed by a technicaldeep dive on specific topics of interest with live demoswhere possible. tJanuary/February/March n NACTT QUARTERLY n Vol.30, No.2 n 20187
MEMBER NEWSTHE NATIONAL ASSOCIATION OF CHAPTER 13 TRUSTEESAPPLICATION FOR ASSOCIATE MEMBERSHIPThe undersigned hereby applies for Associate Membership in the National Association of Chapter 13 Trustees.Associate membership dues of 150 include a subscription to the quarterly publication NACTT Quarterly, plusnotice of all seminars and right to participate as a member, but does not include voting rights.DUES OF 250 PER YEAR,renewable annually, must accompany this application. Membership period is October 1 through September 30.Name: E-mail Address:Address: City, State, Zip:Telphone: Fax:Please check applicable box:o Attorney: o Creditor:o Court Officer:o Organization: o Other:Date: Signature of Applicant:Mail check and application or address changes to NACTT Headquarters:One Windsor Cove, Suite 305 Columbia, SC 29223 (800) 445-8629 (803) 252-5646 Fax (803) 765-0860WELCOME NEW ASSOCIATE MEMBERS:TRUSTEESTiffany CornejoAlbuquerque, NMMelissa J. DaveyAtlanta, GAAndrew M. DudleyBrunswick, MESabrina L. McKinneyMontgomery, ALASSOCIATESKen EpsteinNew York, NYGlenn E. GloverBirmingham, ALHarris HowardHollywood, FL8 January/February/March n NACTT QUARTERLY n Vol.30, No.2 n 2018Brian V. LeeWashington, DCRyan J. ReallyBonita Springs, FLJennifer R. WatkinsIndianapolis, AL
SEMINAR NEWSCALENDAR OF EVENTSNACTT2018 Mid Year MeetingJanuary 18 - 20, 2018The Mayflower Renaissance, Washington, D.C.Info: NACTT at (800) 445-8629, or visit NACTT atwww.nactt.com, One Windsor Cove, Suite 305Columbia, SC 29223ACB - American College of BankruptcyClass 29 Induction Ceremony and EventsMarch 16 - 17, 2018Renaissance Washington DC Downtown HotelInfo: American College of Bankruptcy, P.O. Box 249Stanardsville, VA 22973, Phone 434-939-6004,or email sbedker@amercol.orgABI - American Bankruptcy Institute23rd Annual Rocky Mountain BankruptcyConferenceJanuary 25 - 26, 2018Four Seasons Hotel, Denver, ColoradoInfo: American Bankruptcy Institute,66 Canal Center Plaza, Suite 600,Alexandria, VA 22314, Tel. (703)-739-0800,Fax. (703) 739-1060, or visit abiworld.orgUniversity of Kentucky, Office of ContinuingLegal Education14th Biennial Consumer BankruptcyL
Krispen S. Carroll krispen@det13ksc.com Jan Hamilton jan.hamilton@topeka13trustee.com Jeffrey M. Kellner jmkellner@dayton13.com ADVISORY BOARD Margaret A. Burks mburks@cinn13.org Robert G. Drummond trustee@mtchapter13.com Mary Ida Townson maryidat@atlch13tt.com Robert B. Wilson rwilson@lubbockch13.com CHAPTER 13 QUARTERLY EDITOR Robert G. Drummond
