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.
Committees
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.
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.
Absent special circumstances, an attorney representing a chapter 7 debtor may not limit the scope of representation.
ABI continues to produce high-quality resources with information of value to consumer bankruptcy practitioners. The Nuts and Bolts program conducted by ABI immediately before the Annual Spring Meeting featured presentations on the fundamentals of consumer bankruptcy law.
Mr. Christopher L. Hawkins
Co-Chair
Bradley Arant Boult Cummings LLP
Birmingham, AL
(205) 521-8556
Co-Chair
Bradley Arant Boult Cummings LLP
Birmingham, AL
(205) 521-8556
Mr. Jon Jay Lieberman
Co-Chair
Sottile & Barile LLC
Loveland, OH
(859) 912-1659
Co-Chair
Sottile & Barile LLC
Loveland, OH
(859) 912-1659
Mr. John R. Bollinger
Communications Manager
Boleman Law Firm, PC
Hampton, VA
(757) 825-5577
Communications Manager
Boleman Law Firm, PC
Hampton, VA
(757) 825-5577
Ms. Heather Giannino
Education Director
Heavner, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719
Education Director
Heavner, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719
Ms. Karlene A. Archer
Membership Relations Director
Legal Aid Society of Mid-New York
Manlius, TN
(615) 252-3828
Membership Relations Director
Legal Aid Society of Mid-New York
Manlius, TN
(615) 252-3828
Mrs. Michelle Bass
Newsletter Editor
Wolfson Bolton PLLC
Troy, MI
(248) 247-7070
Newsletter Editor
Wolfson Bolton PLLC
Troy, MI
(248) 247-7070
Mrs. Hannah White Hutman
Special Projects Leader
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444
Special Projects Leader
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444
Mr. Keith James Larson
Special Projects Leader
Seiller Waterman, LLC
Louisville, KY
Special Projects Leader
Seiller Waterman, LLC
Louisville, KY