A chapter 7 debtor seeking to retain personal property secured by a lien has several options available, one of which is redeeming the property from the lien pursua
Committees
The Supreme Court held that the discharge of a student loan debt, as an exercise of the bankruptcy court’s in rem jurisdiction, does not infringe the state’s sovereign immunity.
The Supreme Court, apparently without resort to a calculator, decided the cramdown interest issue by employing a formula approach.
Compensation of debtor's counsel in consumer cases was the focus of the Consumer Committee meeting held on April 16, 2004, at the Annual Spring Meeting in Washington, D.C., and attended by approximately 50 members.
rst time that the bankruptcy court lacked jurisdiction over the claim raised in the untimely amended complaint upon which the bankruptcy court had based its decision.
In Lamie v. United States Trustee, 540 U.S. ___ (2004), the Supreme Court affirmed the Fourth Circuit and held that a chapter 7 debtor’s attorney must be appointed by the trustee, and approved by the court, pursuant to 11 U.S.C.
In Bethea v. Robert J. Adams and Associates, 352 F.3d 1125 (7th Cir. 2003), the Seventh Circuit has ruled that in a chapter 7 case a pre-petition agreement for payment of legal fees creates a debt subject to discharge like any other.
Debtors in bankruptcy often retain secured collateral (such as a home or car) without redeeming the collateral or reaffirming the secured debt.
In the recent case of Archer v. Warner, 123 S.Ct.
An increasing number of debtors in bankruptcy are raising Truth in Lending Act (“TILA”) rescission issues in an attempt to avoid the security interest of their mortgage lenders. Recently, the Federal District Court for the District of Kansas weighed in on this issue.