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.
Consumer Bankruptcy Committee
Committees
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
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
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.
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
Odysseus faced an impossible choice.
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).
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.
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.
Ms. Heather Giannino
Co-Chair
Heavner, Scott, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719
Co-Chair
Heavner, Scott, Beyers & Mihlar, LLC
Decatur, IL
(217) 422-1719
Mrs. Hannah White Hutman
Co-Chair
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444
Co-Chair
Hoover Penrod PLC
Harrisonburg, VA
(540) 433-2444
Mr. Michael A. Miller
Communications Manager
The Semrad Law Firm, LLC
St. Charles, IL
(312) 256-8728
Communications Manager
The Semrad Law Firm, LLC
St. Charles, IL
(312) 256-8728
Ms. Karlene A. Archer
Education Director
Skylight Lending
Manlius, TN
(617) 314-3394
Education Director
Skylight Lending
Manlius, TN
(617) 314-3394
Mrs. Kara K. Gendron
Membership Relations Director
Mott & Gendron Law
Harrisburg, PA
(717) 232-6650
Membership Relations Director
Mott & Gendron Law
Harrisburg, PA
(717) 232-6650
Mr. Patrick Hruby
Newsletter Editor
Brock & Scott, PLLC
Tampa, FL
(813) 342-2200
Newsletter Editor
Brock & Scott, PLLC
Tampa, FL
(813) 342-2200
Mr. Jeffrey S. Fraser
Special Projects Leader
Albertelli Law
Lake Worth, FL
(954) 647-0691
Special Projects Leader
Albertelli Law
Lake Worth, FL
(954) 647-0691
Mr. Ari David Kunofsky
Special Projects Leader
Alexandria, VA
(202) 353-5264
Special Projects Leader
Alexandria, VA
(202) 353-5264