Help Center

Committees Committee

Committees

Post date: Monday, February 06, 2017

Although numerous issues intertwining bankruptcy affect divorce claims, some divergent bankruptcy matters need to be brought to the attention of most domestic attorneys representing the party to whom obligations are owed: (1) your client’s divorce-related debt will not be discharged and you do not need file an adversary proceeding to preserve the debt; (2) do not over-litigate your client’s int

Post date: Monday, February 06, 2017

Creditors seeking to foreclose in state court on their real property liens frequently find their efforts frustrated by serial bankruptcy filers attempting to use the protections of the automatic stay to delay the foreclosure.

Post date: Monday, February 06, 2017

An amendment to Rule 3015(c)(1) is currently under review that will permit courts to “opt out” and use a Local Form Plan. Public comment ended on Oct. 3, 2016, and it looks as if Official Form 113, also known as the National Form Plan, and the related Rule amendments will go into effect on Dec. 1, 2017, absent intervention from the Judicial Conference, the Supreme Court or Congress.

Post date: Thursday, December 08, 2016

Elizabeth Gunn and Margaret A. Burks serve as Co-Chairs of the ABI Consumer Committee. We have an active and lively committee with monthly conference calls to keep events rolling along.

Post date: Friday, October 21, 2016

The Official Form rollout on Dec. 1, 2015, included the handsome new Proof of Claim form, B410. The buzz was that the changes to the form were mostly cosmetic, including a larger font and a computer-friendly format. Part 3 of the Proof of Claim form provides many alternatives as to who may sign the form.

Post date: Monday, August 01, 2016

Editor's Note: In re Perl is a case that may have significant ramifications, which has drawn the following articles by Jesse Valdez, Esq., who examines why the Court reached the correct decision, and by Shannon Doyle, E


Catherine Martarella
Post date: Monday, August 01, 2016

Chapter 7 debtors who own real property need to understand their options, and the potential consequences of their choices.  In Failla v. Citibank, 542 B.R. 606 (S.D. Fla. 2015),[1] the court held that a debtor who states his or her intention to surrender under Section 521(a)(2) cannot defend a subsequent foreclosure.

Post date: Monday, August 01, 2016

In a 7-1 decision written by Justince Sotomayor, with Justice Thomas dissenting, the Supreme Court ruled that actual fraud under Section 523(a)(2)(A) of the Bankruptcy Code does not require a false representation and is broad enough to include a fraudulent conveyance.[1]

Post date: Monday, August 01, 2016

Editor's Note: In re Perl is a case that may have significant ramifications, which has drawn the following articles by Jesse Valdez, Esq., who examines why the Court reached the correct decision, and by Shannon Doyle, Esq., who argues that the decision missed the mark.

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.

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