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Consumer Bankruptcy Committee


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.

Post date: Monday, August 07, 2017

In all bulk legal practices, there is a concept of a case that is “off the wheel”: a case that cannot be processed through the system in an orderly, cost-effective and efficient manner along with the hundreds of similar cases. Anyone having a bulk practice will tell you that an off-the-wheel case necessarily draws attention to itself; it requires greater overview and inquiry.

Post date: Monday, August 07, 2017

[1]Creditors may attack a debtor’s discharge in two ways: by objecting to the debtor’s discharge in toto, or by objecting to the dischargeability of a particular debt.[2] Both require an adversary complaint.[3]

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.


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

Ms. Elizabeth E. Stephens
Of Counsel
Sullivan Hill Lewin Rez & Engel
228 S 4th St 1st Flr
Las Vegas NV
(702) 202-6287

Mr. Richard John Cole, III
Cole & Cole Law, P.A.
PO Box 1323
Sarasota FL
(941) 365-4055

Ms. Elizabeth Gunn
Assist. Attorney General, Bankruptcy Specialist, Div. Child Support Enforcement
Virginia Office of the Attorney General
2001 Maywill St Ste 200
Richmond VA
(804) 367-8270

Mr. H. David Cox
Newsletter Editor

Cox Law Group
900 Lakeside Dr Ste 3
Lynchburg VA
(434) 845-2600

Ms. Heather Giannino
Communications Manager
Bankruptcy Department, Managing Attorney
Heavner, Beyers & Mihlar, LLC
111 E Main St
Decatur IL
(217) 422-1719

Mr. Jon Jay Lieberman
Education Director
Senior Counsel
Sottile & Barile LLC
394 Wards Corner Rd Ste 180
Loveland OH
(859) 912-1659

Mr. Christopher L. Hawkins
Membership Relations Director
Bradley Arant Boult Cummings LLP
1819 5th Ave N One Federal Place
Birmingham AL
(205) 521-8556

Mr. John R. Bollinger
Special Projects Leader
Boleman Law Firm, PC
2 Eaton St Ste 106
Hampton VA
(757) 825-5577

Mr. William J. Amann, Esq.
Special Projects Leader
Braucher & Amann, PLLC
65A Flagship Dr
North Andover MA
(603) 998-0033

Ms. Debra L. Miller
Special Projects Leader
Chapter 13 Trustee
Standing Chapter 13 Trustee
PO Box 11550
South Bend IN
(574) 254-1313