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Post date: Friday, June 10, 2016

Re: Trustee Sales in the 1st Circuit: A Reply to Attorney David G. Baker’s response to my article in the November 2015 issue of the American Bankruptcy Institute Journal[1] discussing In Re Traverse, 753 F.3d 19 (1st Cir.) , cert. denied sub nom. DeGiacamo v. Traverse, 1358 S.Ct.

Post date: Friday, June 10, 2016

Means testing was introduced to the world of bankruptcy with the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The means test is set forth in 11 U.S.C. § 707‌(b)[1] and is applied to above-median debtors in chapter 13 through 11 U.S.C. § 1325‌(b).

Post date: Tuesday, May 31, 2016

Hurricane Sandy was the deadliest hurricane in the 2012 hurricane season and the second-costliest hurricane in U.S. history. It was Sandy that came ashore on Oct. 29, 2012, with a vengeance and destroyed the Zairs’ home, which was located within the jurisdiction of the U.S. Bankruptcy Court for the Eastern District of New York.

Post date: Thursday, April 28, 2016

On Dec. 1, 2015, the new bankruptcy forms went into effect. For creditors’ attorneys, the most notable of these forms is the proof-of-claim form. For debtors’ attorneys, the documents filed to commence the bankruptcy case are the ones that have most drastically changed.

Post date: Thursday, April 28, 2016

In recent times, proofs of claim, especially those filed by consumer lenders and debt purchasers, have come under increased scrutiny. Rule 3001 of the Federal Rules of Bankruptcy Procedure (FRBP) has been amended twice since 2010 to define more specifically what information is required to be included with claims.

Post date: Thursday, April 28, 2016

In a no-asset chapter 7 case, an unlisted debt is generally discharged.

Post date: Thursday, April 28, 2016

It is not uncommon for debtors in a chapter 7 case to express their intent to surrender collateral in their statement of intention. In chapter 13 cases, debtors may propose in their plan that they will surrender collateral. In either case, there are instances when a debtor actively defends a state foreclosure action after either receiving a discharge or surrendering the property.

Post date: Thursday, February 04, 2016

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.

Post date: Thursday, February 04, 2016

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.

Post date: Thursday, February 04, 2016

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).

Pages

Fri, 04/15/2016

Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?

Sat, 04/18/2015

Consumer Mortgage Modification Mediation: A Florida Success Story