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In the wake of the financial crisis of 2008, many homeowners found themselves in dire straits with respect to their residential mortgage loans, and some sought protection in bankruptcy. Even with the ability to cure mortgage payment defaults within a reasonable time,[1] some debtors still lacked the financial ability to maintain their non-modifiable mortgage payments[2] while also making the other payments required under the Bankruptcy Code.

It’s almost springtime, and thoughts in the bankruptcy world naturally turn to … tax refunds. To be sure, bankruptcy trustees have been busy for the last six months ensuring that debtors will turn over their pre-petition tax refunds. Debtors’ counsel have been equally busy advising their new clients on how to protect their tax refunds in advance of filing.

In July 2014, the Consumer Financial Protection Bureau (CFPB) filed suit against Frederick J. Hanna & Associates P.C., a Georgia-based debt-collection firm, alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Act of 2010 (CFPA).

Perhaps overshadowed by the overhaul of most of the official bankruptcy forms are the amendments to the Federal Rules of both Bankruptcy and Civil Procedure that took effect on Dec. 1, 2015. Specifically, Federal Rule of Bankruptcy Procedure 1007 and Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 37 and 55 were amended.

The ABI Consumer Committee has had a wonderful, busy year; our Leadership members have been hard at work. Caralyce Lassner and Margaret A. Burks serve as Co-Chairs.

Upon the filing of a bankruptcy petition, the automatic stay prohibits creditors from taking any action to collect against debtors or property of the estate during the pendency of the bankruptcy case.[1] Although in certain instances the automatic stay shields honest debtors by

The summer of 2014 brought two interesting decisions from appellate courts that impact the treatment of secured mortgages in chapter 13 plans: In re Pajian[1] and In re Matteson.[2] As the ability to cure mortgage arrears is a unique aspect of chapter 13, the

Recently, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by the U.S. District Court for the Northern District of Georgia of a debtor’s suit against Capital One Bank alleging a violation of the Fair Debt Collection Practices Act (FDCPA) for

By now, we are all aware of the student debt crisis this country and the lack of relief available through bankruptcy. Borrowers have an uphill battle when it comes to meeting the undue-hardship test and qualifying for a discharge of their student loans.

Four congressmen have answered “no” to the title question and introduced the Protecting All College Tuition Act of 2015 (PACT).[1] The bill simply provides: “Section 548 of title 11, United States Code, is amended by adding at the end the following: ‘(f) A payment of tuition by a parent to an institution of higher education (as defined

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Sat, 04/18/2015

Consumer Mortgage Modification Mediation: A Florida Success Story