Consumer Bankruptcy Committee

Committees

Post date: Wednesday, May 05, 2004
Photo of Hon. Roger Whelan
Hon. Roger Whelan

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.

Post date: Wednesday, May 05, 2004
Photo of Hon. Roger Whelan
Hon. Roger Whelan

The Supreme Court, apparently without resort to a calculator, decided the cramdown interest issue by employing a formula approach.

Post date: Wednesday, May 05, 2004

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.

Post date: Thursday, January 01, 2004
Photo of Hon. Dennis R. Dow
Hon. Dennis R. Dow

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.

Post date: Thursday, January 01, 2004
Photo of Hon. Dennis R. Dow
Hon. Dennis R. Dow

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.

Post date: Friday, April 04, 2003

Debtors in bankruptcy often retain secured collateral (such as a home or car) without redeeming the collateral or reaffirming the secured debt.

Post date: Monday, March 03, 2003
Photo of Dennis R. Dow
Dennis R. Dow

In the recent case of Archer v. Warner, 123 S.Ct.

Post date: Sunday, February 02, 2003
Photo of Dennis R. Dow
Dennis R. Dow

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.

Post date: Sunday, February 02, 2003
Photo of Lance E. Olsen
Lance E. Olsen

Absent special circumstances, an attorney representing a chapter 7 debtor may not limit the scope of representation.

Post date: Sunday, February 02, 2003

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.

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Mr. Christopher L. Hawkins
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

Mr. John R. Bollinger
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

Ms. Karlene A. Archer
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

Mrs. Hannah White Hutman
Special Projects Leader
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444

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


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