In a pair of decisions, the U.S. Bankruptcy Court for the Western District of Texas took on two fundamental issues arising in an adversary proceeding for nondischargeability concerning a judgment for defamation arising out of alleged sexual misconduct. In Joseph Mazzara v.
February 2020 brought some good news for borrowers hoping to discharge their student loans in bankruptcy with Judge Cecelia Morris’s decision in Rosenberg v. N.Y. State Higher Educ. Servs. Corp. That hope seemed to be quashed again by the Second Circuit in March in an appeal by a different debtor in Tingling v.
On March 25, 2021, the Eleventh Circuit Court of Appeals ruled that a chapter 7 discharge prohibits the holders of a nondischargeable debt from suing the debtor post-discharge to collect a judgment. Specifically, the ruling in Suvicmon Dev. Inc. v.
In re Horvath provides a cautionary tale for debtors who seek to address judgment liens post-discharge, whether strategically or due to pre-filing negligence.
In the wreck of the Great Recession, numerous borrowers sought to avoid their homestead’s foreclosure despite material payment defaults. Many took advantage of chapter 13, which empowers, inter alia, an individual with a regular income to cure precisely such failures over time under § 1322 (b)(5).
One year into the economic crisis caused by the COVID-19 pandemic, unemployment rates have already surpassed the high levels seen during the Great Recession in 2009.  Like everyone in this country and around the world, debtors are struggling.
When a debtor reaffirms a dischargeable debt, this means the obligation will survive discharge and continue to be enforceable.
The Consolidated Appropriations Act of 2021 (CAA), which passed in Congress on Dec. 27, 2020, introduced some noteworthy additions to the Bankruptcy Code. One such issue is the changing relationship between chapter 13 debtors and mortgage lenders when it comes to forbearance requests under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Regarding chapter 13, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in part allows chapter 13 debtors experiencing a material financial hardship as a result of the COVID-19 pandemic to modify the length of their bankruptcy plan to a maximum of 84 months , up to an additional 24 months if the plan was initially s
On Oct. 13, 2020, the U.S. Supreme Court heard oral argument that may alter the way bankruptcy courts interpret possession and control under Bankruptcy Code § 362(a)(3), and the right of turnover under the ambit of § 542(a). In Chicago v.
This webinar will discuss how new Bankruptcy Student Loan Management Programs are helping debtors solve their student loan issues. The webinar will cover the issues affecting debtors and their student loans as well as the solutions and tools the courts are implementing.
On July 30, 2019, the leadership of the Consumer Bankruptcy Committee presented the free webinar “The Intersection of Bankruptcy and the FDCPA: the CFPB’s Notice of Proposed Rulemaking.” The expert panel included Committee Co-Chair Jon Lieberman (Sottile & Barile LLC; Loveland, Ohio), Chris Hawkins (The Bradley Firm; Birmingham, Alabama), and Keith Larson (Seiller Waterman LLC; Louisville, Kentucky.)
The CFPB enacted certain changes for 2017 and 2018 which bring about fundamental changes in the practice and daily life of consumers, servicers, trustees and bankruptcy practitioners. The new rules add additional forms and heightened requirements that will affect the daily practice of anyone involved in the mortgage and lending world.
Hear a stimulating, high energy discussion involving a debtor's attorney, a chapter 12 trustee and a bankruptcy judge sharing the special and surprising aspects of chapter 12. Learn tips to navigate the challenges and to evaluate this chapter choice. Topics covered will include farmer and fisherman bankruptcies, cramming down homes, long term amortizations, tax benefits, and eligibility requirements. This program is not just for chapter 12 practitioners - all bankruptcy practitioners and judges will enjoy this one hour overview of one of the most fascinating chapters of the Code.
The webinar will provide an overview of the National Form Plan and the opt-out compromise, as well as an update on the current status of the proposed rules. There will be a presentation about the other changes to the Federal Rules of Bankruptcy Procedure. Speakers will also lead a discussion of the requirements of Rule 3015.1 for courts choosing to opt out of the National Form Plan.
Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?
Consumer Mortgage Modification Mediation: A Florida Success Story
Wolfson Bolton PLLC
Bradley Arant Boult Cummings LLP
Lake Worth, FL
Boleman Law Firm, PC
Membership Relations Director
Hoover Penrod PLC
Legal Aid Society of Mid-New York
Special Projects Leader
Heavner, Beyers & Mihlar, LLC
Special Projects Leader
Seiller Waterman, LLC