Consumer Bankruptcy Committee

Committees

Post date: Monday, November 25, 2019

Effective Oct. 1, 2019, the U.S. Bankruptcy Court for the Middle District of Florida has started its student loan management program (SLM).

Post date: Monday, November 25, 2019

On Aug. 26, 2019, the Family Farmer Relief Act of 2019 (Pub. L. No: 116-51) was signed into law, substantially increasing the debt limit for agricultural producers seeking to file for relief under chapter 12. The debt limit increase — from approximately $4.3 million to $10 million — will dramatically expand chapter 12 bankruptcy eligibility at a time of turmoil for the U.S.

Post date: Monday, November 25, 2019

Through the reaffirmation process, debtors may voluntarily enter into agreements with creditors to repay otherwise-dischargeable debts.[2] However, when a dispute arises as to whether a party has performed its end of the bargain, the question becomes whether the terms of the original agreement or the reaffirmation agreement apply.

Post date: Monday, November 11, 2019
Photo of Kimberly Ross Clayson
Kimberly Ross Clayson

In a chapter 13 bankruptcy, a debtor in default under a residential lease may assume the lease but the debtor’s plan must provide a cure provision for the pre-peti

Post date: Friday, July 12, 2019

On May 7, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long-awaited Notice of Proposed Rulemaking (NPR) for debt collection. These proposals precede a final rule that will be known as Regulation F and will be the first rules issued under the tenure of Director Kathleen Kraninger.

Post date: Thursday, July 11, 2019

Whether it’s a client in financial difficulty or a client pursuing the collection of assets or debts owed, insolvency issues play a prominent role for federal practitioners with commercial and general litigation practices.

Post date: Thursday, July 11, 2019

On May 19, 2019, Senator Dick Durbin introduced Senate Bill 1414, which proposes a simple solution to the ongoing question of how student loans should be handled in bankruptcy. It would strike § 523(a)(8) in its entirety from the Bankruptcy Code, thereby making any governmental or private student loan immediately dischargeable.

Post date: Tuesday, May 28, 2019

Editor’s Note: The following article, “The Bankruptcy Code’s Disservice to Those Who Served” won the prize for third place in the 11th Annual ABI Bankruptcy Law Student Writing Competition. Mr. Jonathan S. Glover is a third year student at Stetson University College Of Law in Gulfport, Florida. Thank you to Jenner & Block for sponsoring this prize.

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
Photo of Hannah White Hutman
Hannah White Hutman

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.

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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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