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Post date: Thursday, March 23, 2017

The first portion of this article reviewed how a domestic support obligation (DSO) creditor need not shudder if he or she discovers that the DSO debtor has filed a bankruptcy. If a bankruptcy is filed, the DSO creditor knows the debt will not be discharged, the nondischargeable portion of the debt does not require a costly adjudication by adversary, and, if the estate administers assets for the creditors, the DSO creditor will be paid as the first priority. This portion of the article focuses on how Congress has fortified the protections and collections for DSO creditors.

Post date: Tuesday, March 14, 2017

A finding that a particular debt is excepted from a debtor’s discharge is not necessarily the end of the struggles between the debtor and creditor in bankruptcy court.

Post date: Tuesday, March 14, 2017

[1]The meeting of creditors is similar to an open-book exam. The test date is known, the questions are not a secret, and in a twist, the test-taker holds the answer key. It is an opportunity to get a perfect score, but every so often debtor and counsel are not fully prepared, and the issues are usually preventable.

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.


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