Consumer Bankruptcy Committee

Committees

Post date: Tuesday, November 24, 2015

The summer of 2014 brought two interesting decisions from appellate courts that impact the treatment of secured mortgages in chapter 13 plans: In re Pajian[1] and In re Matteson.[2] As the ability to cure mortgage arrears is a unique aspect of chapter 13, the

Post date: Tuesday, November 24, 2015

Recently, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal by the U.S. District Court for the Northern District of Georgia of a debtor’s suit against Capital One Bank alleging a violation of the Fair Debt Collection Practices Act (FDCPA) for

Post date: Friday, July 31, 2015

By now, we are all aware of the student debt crisis this country and the lack of relief available through bankruptcy. Borrowers have an uphill battle when it comes to meeting the undue-hardship test and qualifying for a discharge of their student loans.

Post date: Friday, July 31, 2015

Four congressmen have answered “no” to the title question and introduced the Protecting All College Tuition Act of 2015 (PACT).[1] The bill simply provides: “Section 548 of title 11, United States Code, is amended by adding at the end the following: ‘(f) A payment of tuition by a parent to an institution of higher education (as defined

Post date: Friday, July 31, 2015

Odysseus faced an impossible choice.

Post date: Friday, July 31, 2015

Section 109 of the Bankruptcy Code has requirements that define who may be a debtor. In consumer cases, a debtor may be ineligible for chapter 7 if he/she has significant income; more specifically, if the debtor has failed the means test set forth in § 707‌(b).

Post date: Friday, June 19, 2015

Until 1994, three options existed for the disposition of plan contributions held by the chapter 13 trustee upon conversion to chapter 7: The funds could be given to (1) the chapter 7 estate, (2) to the debtor or (3) to creditors. Since the 1994 amendments to the Bankruptcy Code revised § 348(f), the first option for the disposition of funds from a converted chapter 13 case after confirmation of the plan was resolved: The chapter 7 estate is not a recipient of the funds unless the conversion to chapter 13 was made in bad faith.

Post date: Friday, June 19, 2015
Photo of Hon. William H. Brown (ret.)
Hon. William H. Brown (ret.)

In an opinion written by Justice Thomas, the Court declined to limit its prior opinion in Dewsnup v. Timm, 502 U.S. 410 (1992), to partially underwater liens, reversing the Eleventh Circuit in two cases and holding that chapter 7 debtors cannot use § 506(d) to void wholly unsecured junior liens. The amounts owing on first mortgage liens exceeded the current market values of the debtors’ homes, leaving the junior liens with no supporting value.

Post date: Friday, June 19, 2015

Petitioner Wellness International had a long history of chasing debtor Sharif, including obtaining default judgment against him as a plaintiff in Texas, which led to discovery in aid of collection efforts. Sharif allegedly evaded answering discovery and ultimately filed a chapter 7 petition in Illinois. The debtor failed to list assets that he contended were the assets of a trust that his mother created and for which the debtor served as trustee and his sister as the beneficiary.

Post date: Friday, June 19, 2015
Photo of Hon. William H. Brown (ret.)
Hon. William H. Brown (ret.)

Affirming the First Circuit, the unanimous opinion of the Supreme Court, written by Chief Justice Roberts, held that an order denying confirmation was not a final order that the debtor could immediately appeal. The bank holding a mortgage on a multi-family house objected to the chapter 13 debtor’s proposed plan to bifurcate the debt and pay only $5,000 on the $101,000 unsecured portion, while paying the regular mortgage payments to satisfy the secured portion over the life of the original loan.

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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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