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Consumer Bankruptcy Committee


Post date: Tuesday, April 02, 2019

A split among courts continues to persist with respect to the statutory interpretation of 11 U.S.C. § 1325(a)(5)’s equal-monthly-payment provision and the prioritization of payments of the debtor’s attorney’s fees pursuant to 11 U.S.C. § 1326(b)(1).

Post date: Tuesday, April 02, 2019

It often comes as an unwelcome surprise when debtors discover that they cannot force a creditor to take something back that the debtors no longer want, no longer use and no longer intend to pay for.

Post date: Friday, November 16, 2018

Student loan debt is (mostly) presumed nondischargeable under § 523(a)(8).[1] Hardship discharge of such debt has become a vanishingly probable outcome.

Post date: Friday, November 16, 2018

Beth Stephens and Richard Cole, co-chairs of the ABI Consumer Committee this year, thank all committee members for their support and participation in 2018. The Consumer Committee has a diverse membership.

Post date: Friday, November 16, 2018

The Bankruptcy Code contemplates the filing of a joint petition to commence a bankruptcy case for a married couple under § 302(a).

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.


Thu, 2017-10-12

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.

Fri, 2017-06-16

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.

Tue, 2017-01-17

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.

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

Mr. Richard John Cole, III
Cole & Cole Law, P.A.
Sarasota, FL
(941) 400-0117

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

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

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

Mrs. Michelle Bass
Membership Relations Director
Wolfson Bolton PLLC
Troy, MI
(248) 247-7070

Mr. Christopher L. Hawkins
Newsletter Editor
Bradley Arant Boult Cummings LLP
Birmingham, AL
(205) 521-8556

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

Mr. Keith James Larson
Special Projects Leader
Seiller Waterman, LLC
Louisville, KY

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