Consumer Bankruptcy Committee

Committees

Post date: Thursday, April 28, 2016

On Dec. 1, 2015, the new bankruptcy forms went into effect. For creditors’ attorneys, the most notable of these forms is the proof-of-claim form. For debtors’ attorneys, the documents filed to commence the bankruptcy case are the ones that have most drastically changed.

Post date: Thursday, April 28, 2016

In recent times, proofs of claim, especially those filed by consumer lenders and debt purchasers, have come under increased scrutiny. Rule 3001 of the Federal Rules of Bankruptcy Procedure (FRBP) has been amended twice since 2010 to define more specifically what information is required to be included with claims.

Post date: Thursday, April 28, 2016
Photo of Richard John Cole, III
Richard John Cole, III

In a no-asset chapter 7 case, an unlisted debt is generally discharged.

Post date: Thursday, April 28, 2016

It is not uncommon for debtors in a chapter 7 case to express their intent to surrender collateral in their statement of intention. In chapter 13 cases, debtors may propose in their plan that they will surrender collateral. In either case, there are instances when a debtor actively defends a state foreclosure action after either receiving a discharge or surrendering the property.

Post date: Thursday, February 04, 2016

In the wake of the financial crisis of 2008, many homeowners found themselves in dire straits with respect to their residential mortgage loans, and some sought protection in bankruptcy. Even with the ability to cure mortgage payment defaults within a reasonable time,[1] some debtors still lacked the financial ability to maintain their non-modifiable mortgage payments[2] while also making the other payments required under the Bankruptcy Code.

Post date: Thursday, February 04, 2016

It’s almost springtime, and thoughts in the bankruptcy world naturally turn to … tax refunds. To be sure, bankruptcy trustees have been busy for the last six months ensuring that debtors will turn over their pre-petition tax refunds. Debtors’ counsel have been equally busy advising their new clients on how to protect their tax refunds in advance of filing.

Post date: Thursday, February 04, 2016
Photo of Benjamin R. Skeen
Benjamin R. Skeen

In July 2014, the Consumer Financial Protection Bureau (CFPB) filed suit against Frederick J. Hanna & Associates P.C., a Georgia-based debt-collection firm, alleging violations of the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Act of 2010 (CFPA).

Post date: Thursday, February 04, 2016

Perhaps overshadowed by the overhaul of most of the official bankruptcy forms are the amendments to the Federal Rules of both Bankruptcy and Civil Procedure that took effect on Dec. 1, 2015. Specifically, Federal Rule of Bankruptcy Procedure 1007 and Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 37 and 55 were amended.

Post date: Monday, December 21, 2015

The ABI Consumer Committee has had a wonderful, busy year; our Leadership members have been hard at work. Caralyce Lassner and Margaret A. Burks serve as Co-Chairs.

Post date: Tuesday, November 24, 2015

Upon the filing of a bankruptcy petition, the automatic stay prohibits creditors from taking any action to collect against debtors or property of the estate during the pendency of the bankruptcy case.[1] Although in certain instances the automatic stay shields honest debtors by

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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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