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.
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.
In a no-asset chapter 7 case, an unlisted debt is generally discharged.
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.
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, some debtors still lacked the financial ability to maintain their non-modifiable mortgage payments while also making the other payments required under the Bankruptcy Code.
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.
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).
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.
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.
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. Although in certain instances the automatic stay shields honest debtors by
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