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Post date: Tuesday, August 07, 2018

Bankruptcy Code § 707(a) provides that a chapter 7 case may be dismissed “for cause,” including for (1) unreasonable delay, (2) nonpayment of fees or (3) failure to timely file certain information. However, “cause” is not defined, and the statutory examples are illustrative, not exhaustive. Currently, there is a circuit split as to whether bad faith can be “cause.”

Post date: Monday, August 06, 2018

The City of Chicago is finding itself entangled in a set of legal issues surrounding the Bankruptcy Code and the enforcement of parking tickets through civil fines, impoundment and license suspension. The interplay of Chicago parking ticket debt and consumer bankruptcy is making for a fascinating legal showdown.

Post date: Wednesday, May 23, 2018

As attorneys are aware, the debtor almost always wants to keep a vehicle when filing a chapter 13 case. Then, post-confirmation, the debtor’s income changes, the vehicle has engine problems or the debtor hits a deer, and the debtor wants to give the vehicle back to the creditor and get a different one.

Post date: Tuesday, May 22, 2018

While a split among the circuits continues to persist with respect to whether the Bankruptcy Code permits a “ride-through” option in the context of a chapter 7 debtor’s statement of intention, the U.S.

Post date: Tuesday, May 22, 2018

[1]Lamar, Archer & Cofrin, LLP v. Appling[2] is the last of three bankruptcy cases to be heard and decided on the U.S.

Post date: Saturday, February 03, 2018

In Slater v. U.S. Steel Corp,[1] the Eleventh Circuit recently revisited its past rulings on judicial estoppel and revamped the standard to be applied when a debtor is pursuing a lawsuit that was not disclosed in bankruptcy.

Post date: Wednesday, November 08, 2017

[1]An important component of chapter 7 bankruptcy is the discharge of debts.[2] Congress excepted from this “fresh start” certain types of debts, including those involving fraud and deceit.[3] In Privitera v.

Post date: Wednesday, November 08, 2017

Creditors contemplating an objection to discharge proceeding pursuant to Bankruptcy Code § 523(a)(2)(A)’s fraud provision often think that a judgment in a prior state court action will automatically entitle them to judgment in bankruptcy court. Prior to reaching such conclusions, however, creditors should be mindful of several potential pitfalls.


Matthew D. Skeen Jr.
Post date: Wednesday, November 08, 2017

Of all the topics that is sure to incite impassioned disagreement in our current age of partisan disunity, the issue of guns must be near to the top of the list. While some see guns as a uniquely American scourge leaving untold tragedy and carnage in their wake, others view the right to keep and bear arms as the foundation of liberty and the only insurance against tyrannical government.

Post date: Thursday, August 24, 2017

In April of 2017, the Consumer Financial Protection Bureau (CFPB) sued Ocwen Financial Corporation (Ocwen) and its affiliates for supposed systematic deficiencies in their mortgage servicing business.

Pages

Fri, 2016-04-15

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

Sat, 2015-04-18

Consumer Mortgage Modification Mediation: A Florida Success Story

Ms. Elizabeth E. Stephens
Co-Chair
Sullivan Hill Rez & Engel, APLC
Las Vegas, NV
(702) 202-6287

Mr. Richard John Cole, III
Co-Chair
Cole & Cole Law, P.A.
Sarasota, FL
(941) 365-4055

Mr. Jon Jay Lieberman
Education Director
Sottile & Barile LLC
Loveland, OH
(859) 912-1659

Mr. H. David Cox
Newsletter Editor
Cox Law Group
Lynchburg, VA
(434) 845-2600

Mr. John R. Bollinger
Special Projects Leader
Boleman Law Firm, PC
Hampton, VA
(757) 825-5577

Ms. Debra L. Miller
Special Projects Leader
Standing Chapter 13 Trustee
South Bend, IN
(574) 254-1313

Mr. William J. Amann, Esq.
Special Projects Leader
Braucher & Amann, PLLC
North Andover, MA
(603) 998-0033

Ms. Heather Giannino
Communications Manager
Heavner, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719

Mr. Christopher L. Hawkins
Membership Relations Director
Bradley Arant Boult Cummings LLP
Birmingham, AL
(205) 521-8556